Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16610 of 2020 Petitioner :- Rajeev Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- G.A.,Ashish Kumar Singh
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner, Mr Ashish Kuamr Singh, learned counsel for the respondent no. 3 and learned AGA for the State-respondents.
Petitioner, by means of this writ petition, seeks quashing of the FIR dated 28.09.2020 registered as Case Crime No. 1082 of 2020, under Sections 323, 384, 504, 506 IPC, P.S. Sahibabad, District Ghaziabad with a further prayer not to arrest the petitioner pursuant to the said FIR.
The contents of the report discloses commission of cognizable offence that demands investigation, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation. In any case, petitioner has an alternate remedy to seek anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner to apply for anticipatory bail.
The writ petition is, accordingly, dismissed.
Order Date :- 8.1.2021 RavindraKSingh