Allahabad High Court
Shamshad Ali And Another vs State Of U.P. And 2 Others on 6 February, 2020
Bench: Pankaj Naqvi, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1928 of 2020 Petitioner :- Shamshad Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ch. Dil Nisar,Vinay Prakash Shukla Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Chaudhary Dilnisar, learned counsel for the petitioners and Ms. Manju Thakur, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 2.1.2020, registered as Case Crime No.2/2020, under Sections 420/506 IPC, P.S. Janakpuri, Saharanpur.
Learned counsel for the petitioners 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.108/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners 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 :- 6.2.2020 Chandra