DEEPENDRA SHUKLA AND 2 OTHERS v. State of U.P. AND 2 OTHERS
Court: Allahabad High Court
Bench: PANKAJ NAQVI,VIVEK AGARWAL
Judgment date:
Case summary
Allahabad High Court judgment dated 2020-12-15. DEEPENDRA SHUKLA AND 2 OTHERS v. State of U.P. AND 2 OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14781 of 2020 Petitioner :- Deependra Shukla And 2 Others Respondent :- State Of U. P. And 2 Others Counsel for Petitioner :- Rajeev Ratan Shukla,Indra Kumar Chaturvedi(Senior Adv. ) Counsel for Respondent :- G. A. Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J. Heard Sri Indra Kumar Chaturvedi, learned Senior Counsel assisted by Sri Rajeev Ratan Shukla for the petitioners and Sri Deepak Mishra, 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 15. 05. 2020 registered as Case Crime No. 167 of 2020, under Sections 419, 420, 406, 506 and 120-B IPC, Police Station-George Town, District-Prayagraj. 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 petitioners to seek for an anticipatory bail/bail as they 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 petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law. The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 15. 12. 2020 Ashutosh
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