Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12262 of 2021 Petitioner :- Rishabh Kumar Alias Manager Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niraj Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 22.5.2021 registered as Case Crime No. 306 of 2021, under Sections 147, 148, 149, 307, 34, 188, 269, 270 IPC and 7 Criminal Law Amendment Act and 51B Apda Prabandhan Adhiniyam and 3 Mahamari Act, Police Station- Kotwali Shahar, District- Bijnor (Annexure No. 1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioner in pursuance of impugned First Information Report."
At the very outset, learned AGA on the basis of instructions apprised to the Court that in the present case crime, charge- sheet has been submitted before the competent court against eight accused persons on 8.12.2021 and the investigation is on against the petitioner.
In view of the categorical instructions, we are not inclined to proceed under Article 226 of the Constitution of India. In case, there is any apprehension of arrest, the petitioner can invoke the remedy as available in law.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 17.12.2021 A.K.Srivastava