- (1.) The petition seeks issuance of a writ in the nature of mandamus directing the Investigating Agency not to arrest the petitioner in context of investigation of case crime no.189 of 2016, under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Kunda, District Pratapgarh.
(2.) We have taken into account the fact that there is no prayer for issuance of a writ in the nature of certiorari for quashing F.I.R. bearing crime no.189 of 2016.?
(3.) Shri Faisal Ahamd Khan, learned counsel for the State vehemently opposed the prayer on the ground that this is a second petition filed against the petitioner in abuse of process of the law and process of the court. Earlier petition filed by the petitioner for issuance of a writ in the nature of certiorari and for issuance of a writ in the nature of mandamus not to arrest the petitioner has already been dismissed, vide order dated 2.05.2017, the same being Writ petition No.9494(M/B) of 2017 titled ' Vijay Kumar Srivastava versus State of U.P. and others'.;