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Badri Prasad Tiwari And Ors. vs State Of U.P. Thru. Prin. Secy. … on 21 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 1

Case :- MISC. BENCH No. – 31486 of 2017

Petitioner :- Badri Prasad Tiwari And Ors.

Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others

Counsel for Petitioner :- Ajai Kumar Srivastava

Counsel for Respondent :- Govt. Advocate,M.B.Tewari,Vineet Kumar

Hon’ble Pankaj Kumar Jaiswal,J.

Hon’ble Alok Mathur,J.

Heard learned counsel for the petitioners as well as learned Government Advocate.

By this writ petition the petitioners are seeking a writ of certiorari to quash the F.I.R. dated 27.08.2017 registered as Case Crime No. 0472 of 2017, under Sections 498A, Section347, Section354, Section509, Section452, Section376, Section511, Section323, Section342, Section392, Section506 I.P.C. and 3/4 SectionDowry Prohibition Act, 1961 at Police Station Mohanlalganj, District Lucknow.

On 21.12.2017 this Court directed the petitioners to join the investigation and he be not arrested till the next date of listing. This interim protection is continuing from 21.12.2017 till date.

Learned Additional Government Advocate submits that the investigation is going on.

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 abused of the process.

In light of whatever stated above, we are not inclined to quash the FIR.

However, the petitioners are having an efficacious remedy by way of fling an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail apprehending arrest.

The petitioners may avail such remedy, is so advised. If any interim order passed in this petition for writ is in operation staying arrest of the petitioner, the same shall remain in currency till 21.12.2019, provided the petitioners to 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 21.12.2019.

The petition for writ is disposed of accordingly.

Order Date :- 21.11.2019

A.K. Singh

(Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)

 

 

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