Alternative remedy of anticipatory bail led to limited arrest protection and disposal of the writ challenge to the FIR.

The writ challenge to the FIR was not examined on merits because an efficacious alternative remedy of anticipatory bail was available under the Code of Criminal Procedure. The Court granted the petitioners four weeks to approach the competent court for anticipatory bail and, for that limited period, protected them from arrest in the case crime mentioned in the petition. The writ petition was thus disposed of without adjudicating the legality of the FIR.

---

---

Issues: Whether the writ petition seeking quashing of the FIR should be entertained when the petitioners had an alternative remedy of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and whether limited protection from arrest could be granted to enable them to avail that remedy.

Analysis: The petition was not taken up for adjudication on the merits of the FIR. The Court noted the availability of an efficacious alternative remedy of approaching the appropriate court for anticipatory bail. In view of the request for time, the Court granted four weeks to the petitioners to move the court concerned and, for that limited period, protected them from arrest in the case crime mentioned in the petition.

Conclusion: The writ petition was disposed of without adjudicating the merits of the challenge to the FIR, while granting the petitioners four weeks to avail the remedy of anticipatory bail and interim protection from arrest for that period.

---