Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21104 of 2019 Petitioner :- Sohan Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dwijendra Prasad,Ravindra Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Dwijendra Prasad, 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 25.7.2019, registered as Case Crime No.144/2019, under Section 2/3 of the Prevention of Damage to Public Property Act, 1984 and 353 IPC, P.S. Hasayan, Hathras.
Learned counsel for the petitioners 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.108/79-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 :- 27.9.2019 Chandra