PRABHU DAYAL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Prabhu Dayal v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 7949 of 2006 [2006] RD-AH 10743 (29 June 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl.  Misc. W.P. No.  7949 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

An F.I.R., has been registered by an order of the Magistrate under section 156(3) Cr.P.C. That order is not under challenge and it can not be challenged in this writ petition filed directly before a Division Bench. For that, remedy is under the provisions of Cr.P.C., if the order of the Magistrate is to be challenged.

If the order of the Magistrate is not challenged, and this writ petition is allowed and F.I.R., is quashed, it would create an anomaly in two parallel orders by two separate Courts, one saying that the case should be investigated and the other saying that the case should not be investigated.

Therefore, in this writ petition, the F.I.R., can not be quashed. If the final relief can not be granted, there is no question of granting any interim relief by way of arrest. We, therefore, decline to interfere in this writ petition.

The writ petition is, therefore, dismissed.

Dated : June 29, 2006

AM/-

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