Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24334 of 2018 Petitioner :- Ajay Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghawendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raghawendra Singh, learned counsel for the petitioners and Sri Irshad Hussain, 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 15.08.2018 registered as case crime no.0136 of 2018, under Section 60/63 Excise Act and Section 272, 273 I.P.C., Police Station Maniyar, District Ballia.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to police rivalry and no recovery of any kind has been made against the petitioners. As per FIR, no offence is made out against the petitioners. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 petitioners, 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Ashok Gupta