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Brijmohan @ Deepak Rao And 5 Others vs State Of U.P. And 2 Others on 16 October, 2019


?Court No. – 43

Case :- CRIMINAL MISC. WRIT PETITION No. – 800 of 2019

Petitioner :- Brijmohan @ Deepak Rao And 5 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Surendra Kumar Tripathi

Counsel for Respondent :- G.A.,Hari Prakash Mishra

Hon’ble Pankaj Naqvi,J.

Hon’ble Suresh Kumar Gupta,J.

Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioners and the 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 FIR dated 22.10.2018 in Case Crime No.0199 of 2018 under Sectionsections 498A,Section323,Section504,Section506,Section406,Section354,Section376,Section511 IPC and 3/4 D.P. Act, P.S Mahila Thana, District Agra.

Learned counsel for the petitioners submits that mediation has failed, FIR has been lodged on false / vexatious / mischievious allegations, no offences are made out, FIR be quashed.

Learned AGA 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 petitioners to seek for an 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 dismissed. Interim order if any stands vacated.

It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

Order Date :- 16.10.2019




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