Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20069 of 2019 Petitioner :- Abdul Qaish And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Yadav,Yashpal Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ravindra Kumar Yadav, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the authority concerned for ensuring fair investigation of F.I.R. dated 21.8.2018 registered as Case Crime No. 255 of 2018, under Sections 323, 308, 504, 506 I.P.C., police station Kotwali, District Azamgarh.
Learned counsel for the petitioner submits that the petitioner who is the accused in the present case and got himself bailed out. It is further submitted that though chargesheet has been submitted against him but SSP concerned has ordered for further investigation.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika