Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through video conferencing.
This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 21.03.2021 registered as Case Crime No. 118 of 2021, under Sections 147, 148, 149, 307 & 504 I.P.C., Police Station Sushant Golf City, District Lucknow and a further direction in the nature of mandamus for commanding the opposite parties not to arrest the petitioner in the aforesaid case crime.
At the very outset, it is informed by the learned A.G.A. that the petitioner is not named in the F.I.R. and the investigating officer has also not discovered any credible evidence in relation to the involvement of the petitioner, until now, however, the investigation is pending.
The petitioner in paragraph No.17 of the writ petition has also submitted that the application for anticipatory bail was filed before the competent court, which was listed on 09.04.2021, whereafter on account of Covid-19, the court went closed and the same has gone undated.
From the contents of the F.I.R., it can not be said that a cognizable offence is not made out. During the pendency of the investigation, no interference under Article 226 of the Constitution of India is called for.
However, the petitioner in the eventuality of any threat to his personal liberty may move an application before the competent court for early listing of the anticipatory bail application or may avail the remedy before the appropriate court if the trial court continues to remain close on account of Pandemic.
The writ petition is accordingly disposed of.
Order Date :- 15.4.2021 S. Shivhare