Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26069 of 2019 Petitioner :- Ram Prakash Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioner, Dr. S.B. Maurya, the learned AGA.
The relief sought in this petition is for quashing of the F.I.R, dated 24.10.2019, registered as Case Crime No. 0220 of 2019, under sections 406, 504 and 506 IPC, P.S. Haraiya, District Basti.
It is submitted by learned counsel for the petitioner that the petitioner has no concern with the informant, he had never received any money from the informant, FIR has been lodged on false and mischievous grounds, there is no documentary proof, as to the alleged amount of Rs.80,000/- being tendered to the petitioner, no offence is made out against the petitioner, hence, the same be quashed.
Learned A.G.A, opposed the prayer for quashing of the F.I.R.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an 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 dismissed.
Order Date :- 19.12.2019 /N.S.Rathour