HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 43
Case :- CRIMINAL MISC. WRIT PETITION No. – 24970 of 2019
Petitioner :- Gulshan Saggar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Mohit Kumar Shukla
Counsel for Respondent :- G.A.
Hon’ble Pankaj Naqvi,J.
Hon’ble Suresh Kumar Gupta,J.
This is an offshoot of a matrimonial dispute. Petitioners are husband and mother-in-law.
Heard Sri Mohit Kumar Shukla, 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 17.11.2019 in F.I.R No.638 of 2019 under Sectionsections 498A,Section323,Section506 IPC and 3/4 D.P. Act, P.S Bidhanu, District Kanpur Nagar.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievious allegations, no offences are made out, FIR be quashed.
Learned AGA 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 petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 7.12.2019
RS
