Asdullah v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18635 of 2023 Petitioner :- Asdullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.

¶2The instant petition seeks issue a writ, order or direction in the natur eof mandamus commanding and directing the respondents not to arrest the petitioner in pursuance of the first information report dated 29.08.2022 giving rise to Case Crime No. 72 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Dharmsinghwa, District Sant Kabir Nagar.

¶3The contention of learned counsel for the petitioner is that he is not named in the first information report.

¶4In our considered opinion, since the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶5In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge.

¶6The writ petition is, therefore, dismissed without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 1.12.2023 A.Kr. High Court of Judicature at Allahabad