Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16005 of 2020 Petitioner :- Vishu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned AGA for the State-respondents.
Petitioner, by means of this writ petition, seeks quashing of the FIR dated 30.09.2020 registered as Case Crime No. 808 of 2020, under Section 363 IPC, P.S. Baraut, District Baghpat with a further prayer not to arrest the petitioner 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 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, petitioner has an alternate remedy to seek 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, accordingly, dismissed.
Order Date :- 5.1.2021 RavindraKSingh