Allahabad High Court
Hukum Chand Garg & Anr. vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 13 January, 2020
Bench: Anil Kumar, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- MISC. BENCH No. - 220 of 2020 Petitioner :- Hukum Chand Garg & Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Ors. Counsel for Petitioner :- Piyush Kumar Agarwal Counsel for Respondent :- G.A.,A.S.G. Hon'ble Anil Kumar,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners and learned A.G.A. appearing for the opposite party nos.1 to 5.
Since the point involved in the present case is trivial in nature, so with the consent of parties' counsel, who are present today, the present writ petition is being decided finally at the admission stage.
Notice to the opposite party no.8 is dispensed with.
This petition has been filed for quashing the impugned first information report dated 02.11.2019 lodged by the opposite party no.8 registered as Case Crime No.0540 of 2019, under Sections-467/468/471/420/409/120-B I.P.C. and Section 13 (2) of the Prevention of Corruption Act, 1988, Police Station-Hazratganj, District-Lucknow.
Learned A.G.A. has informed that the petitioners have an efficacious and alternative remedy under Section-438 Cr.P.C. wherein the petitioners ought to have moved an application for anticipatory bail before appropriate Court. However, counsel for the petitioners says that he will require a little time to avail the remedy.
Accordingly, four weeks' time from today is allowed to the petitioners for approaching court concerned and availing the remedy. Till the said period of four weeks, petitioners shall not be arrested in aforesaid case crime.
Subject to above, the petition stands disposed of.
(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 13.1.2020 Mahesh