Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19942 of 2019 Petitioner :- Adam Aslam Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Atul Kumar Singh, learned counsel for the petitioner, Sri A.K. Saran, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 24.10.2018 registered as Case Crime No.716 of 2018, under Sections 147, 148, 149, 302, 504 and 506 IPC, P.S. Civil Lines, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has come into light in the confessional statement of co-accused.
Learned AGA opposed the prayer for quashing of the FIR and states that the victim had died due to ante-mortem injuries which were caused by fire-arm.
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 :- 26.7.2019/Neeraj