Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22089 of 2019 Petitioner :- Ramesh Kushwaha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kunwar Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Kunwar Ajay Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 13.09.2019 in Case Crime No.711 of 2019, under Sections 354-Ka, 323, 506 IPC, P.S. Akbarpur, District-Kanpur Dehat.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
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 petitioners to seek for an anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.
The writ petition is dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 30.9.2019 Vibha Singh