Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17439 of 2020 Petitioner :- Sushil Kumar Gupta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Tiwari,Chandra Prakash Pathak Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
By means of this writ petition, petitioners seek quashing of the FIR dated 12.11.2020 registered as Case Crime No.813 of 2020, under Sections 147, 452, 323, 504 & 506 IPC, Police Station Barra, District Kanpur Nagar with a further prayer not to arrest them pursuant to the said FIR.
The contents of the report discloses commission of cognizable offence that demands investigation, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is hereby refused.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation. In any case, petitioners have an alternate remedy to seek 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, accordingly, dismissed.
Registry is directed to return certified copy of FIR after accepting xerox of the same.
Order Date :- 6.1.2021 Ajeet