Allahabad High Court
Ankit Rastogi @ Abhishek vs State Of U.P. Through Prin. Secy. Home ... on 9 April, 2020
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- MISC. BENCH No. - 7659 of 2020 Petitioner :- Ankit Rastogi @ Abhishek Respondent :- State Of U.P. Through Prin. Secy. Home Lko. & Others Counsel for Petitioner :- Satish Kumar Misra Counsel for Respondent :- G.A. Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Perused the record.
This petition has been filed seeking a writ of certiorari for quashing the First Information Report dated 13.3.2020 in Case Crime No. 0070 of 2020, under Section 354/354 (A) IPC, Police Station Saadatganj, District Lucknow. The second prayer of the writ petition is for stay of arrest on account of the said F.I.R. As regards the first relief, from the perusal of the impugned F.I.R., it cannot be said at this stage that no cognizable offence is made out especially as the petitioner is named in the F.I.R. As regards the second relief, an application for grant of anticipatory bail U/s 438 Cr.P.C. would be maintainable, therefore, there is no occasion to consider the same especially as we are not inclined to entertain and grant the first relief. However in the interest of justice, it is provided that till 10 weeks, the petitioner shall not be arrested as he may prefer an application for grant of anticipatory bail, if he so chooses. The petition is disposed of accordingly.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 9.4.2020 lakshman