Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25642 of 2019 Petitioner :- Tirthraj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Sudhir Kumar Tripathi, learned counsel for the petitioner and Dr. S.B. Maurya learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned F.I.R. dated 09.07.2019 registered as Case Crime No. 514 of 2019 under Sections 379, 411 I.P.C. and under Sections 26, 41 and 42 of Forest Act, P.S. Khorabar, District Gorakhpur.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, F.I.R. be quashed.
Learned A.G.A. 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 petitioner to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner 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 petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 17.12.2019 AS Rathor (Samit Gopal, J.) (Pankaj Naqvi, J.)