Allahabad High Court
Alok Gupta & Ors vs State Of U.P Thru Secy Home Lko & Ors on 4 December, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 28908 of 2018 Petitioner :- Alok Gupta & Ors Respondent :- State Of U.P Thru Secy Home Lko & Ors Counsel for Petitioner :- Rishi Saxena,Arvind Shukla,Gaurav Saxena,Lalla Chauhan,Neeraj Kumar Saxena,Sankalp Counsel for Respondent :- G.A. Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
By means of the instant petition, the petitioners are seeking for issuance of writ of certiorari quashing the F.I.R., dated 01.09.2017 registered in Case Crime No.392 of 2017 under Sections 419, 420, 481, 482, 483, 484, 485, 486, 465, 467, 468, 471, 472, 473, 120-B I.P.C., Sections 9, 11, 12, 18, 28, 29, 102, 103, 104, 139 of The Trade Marks Act, 1999 Police Station Bazar Khala, District Lucknow.
Vide order dated 05.10.2018, Co-ordinate Bench of this Court had granted interim protection to the petitioners.
Learned Additional Government Advocates submits that the investigation is going on.
Having considered the aforesaid and also gone through the F.I.R, we are satisfied that no case is made out to quash the same. The contents of the report discloses commission of cognizable offence that demands investigation. It would be also be appropriate to state that prima facie we are also not satisfied that it is necessary to meet the ends of justice to quash the FIR and further that the investigation required to be made shall be abuse of the process.
In light of whatever stated above, we are not inclined to quash the FIR.
However, the petitioners are having an efficacious remedy by way of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail apprehending arrest.
In view of above, the petitioners may avail such remedy if so advised. The interim order, if any, is in operation staying arrest of the petitioners, shall remain in currency till 24th January, 2020 provided the petitioners move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 24th January, 2020.
The writ petition is accordingly, disposed off.
[Alok Mathur, J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 4.12.2019/S.Ali