HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 43
Case :- CRIMINAL MISC. WRIT PETITION No. – 21032 of 2019
Petitioner :- Deep Chand And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Santosh Kumar Singh
Counsel for Respondent :- G.A.
Hon’ble Pankaj Naqvi,J.
Hon’ble Suresh Kumar Gupta,J.
Heard Sri Santosh Kumar Singh, learned counsel for the petitioners and Shri Manav Chaurasia, 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 8.8.2019 under Sectionsection 498A, Section323, Section506 Section427, Section392 I.P.C. and 3/4 D.P. Act, PS. Dilari, District Moradabad.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous 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 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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 19.9.2019