Allahabad High Court
Aviral Mittal vs State Of U.P. And 3 Others on 26 November, 2020
Bench: Pankaj Naqvi, Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13645 of 2020 Petitioner :- Aviral Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Kakkar Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Vivek Agarwal,J.
Heard Sri Gaurav Kakkar, learned counsel for the petitioner and Sri Deepak Mishra, 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 20.7.2020, registered as Case Crime no. 1244 of 2020, under Sections 506, 504, 323, 307 and 452 IPC, P.S. Indirapuram, District Ghaziabad.
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(2)/LXIX-V-1-19-1(KA)-20-2018 dated 06-06-2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail / bail as he may be advised.
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 :- 26.11.2020 N.S.Rathour