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Allahabad High Court · body

2020 DIGILAW 764 (ALL)

Pooja v. State Of U. P. Through Prin. Secy. Home Lko.

2020-03-18

ANIL KUMAR, VIKAS KUNVAR SRIVASTAV

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JUDGMENT : 1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the opposite party nos.1 to 3. 2. Since the point involved in the present case is trivial in nature, so with the consent of parties' counsel, who are present today, the present writ petition is being decided finally at the admission stage. 3. Notice to the opposite party no.4 is dispensed with. 4. This petition has been filed for quashing the impugned first information report dated 03.01.2020 lodged by the opposite party no.4 registered as Case Crime No.0003 of 2020, under Sections 3/4 D.P. Act and Sections 498A and 304B I.P.C., Police Station Gudamba, District Lucknow. 5. Learned A.G.A. has informed that the petitioners have an efficacious and alternative remedy under Section-438 Cr.P.C. wherein the petitioners ought to have moved an application for anticipatory bail before appropriate Court. However, counsel for the petitioners says that he will require a little time to avail the remedy. 6. Accordingly, six weeks' time from today is allowed to the petitioners for approaching court concerned and availing the remedy. Till the said period of six weeks, petitioners shall not be arrested in aforesaid case crime. 7. Subject to above, the petition stands disposed of.