Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20309 of 2018 Petitioner :- Afsaar @ Afasar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Upadhyay,Deena Nath Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Upendra Upadhyay, learned counsel for the petitioner and Sri G.P. Singh, learned AGA 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 20.6.2018, registered as case crime no.506 of 2018, u/s 386, 392, 420, 467, 468, 414 IPC P.S. Bisrakh, district Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing and submitted that identically situated co- accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition Nos.17051 of 2018 and 18928 of 2018, the said petitions have already been dismissed by this Court on 2.7.2018 and 18.7.2018.
Copy of the order dismissing the petitions of co-accused of the present case supplied by learned AGA are taken on record.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Gaurav