Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 22319 of 2018 Petitioner :- Sunil Kumar @ Sunil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhushan Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
To quash the First Information Report filed against the petitioner/s this petition for writ is preferred. A copy of the report aforesaid is available on record.
On going through the FIR, we are satisfied that no case is made out to quash the same. The contents of the report discloses commission of cognizable offence that demands investigation. It would also be appropriate to state that prima facie we are also not satisfied that it is necessary to meet the ends of justice to quash the FIR and further that the investigation required to be made shall be abuse of the process.
In light of whatever stated above, we are not inclined to quash the FIR.
The petitioner/s has/have also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition for writ. In our opinion, when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner/s is/are having an efficacious remedy by way of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail apprehending arrest.
The petitioner/s may avail such remedy if so advised. If any interim order passed in this petition for writ is in operation staying arrest of the petitioner/s, the same shall remain in currency till 16th December, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 16th December, 2019.
The petition for writ is disposed of accordingly.
Order Date :- 28.11.2019 Lbm/-
(Vivek Varma,J.) (Govind Mathur, C.J.)