Allahabad High Court
Hassan Shakir Urf Firoz Haider vs State Of U.P. Thru. Its S.S.P.,Sambhal ... on 19 September, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 21486 of 2019 Petitioner :- Hassan Shakir Urf Firoz Haider Respondent :- State Of U.P. Thru. Its S.S.P.,Sambhal And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Krishna Kumar Patel, learned counsel for the petitioners and Shri Samir Shanker, 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 21.7.2019 registered as Case Crime No.0324 under section 420, 467, 468, 471, I.P.C. PS. Nakhasa, District Bheem Nagar/Sambhal.
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.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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 19.9.2019/Rk