Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Nishank Rastogi, learned counsel for the petitioner, Smt. Meera Tripathi, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Ajaz Mohammad, seeking a writ of certiorari to quash the impugned First Information Report dated 08.02.2020 registered as Case Crime/F.I.R. No. 0053 of 2020, under Sections 3, 5, 25, 29 Arms Act, 1959 and Section 420 I.P.C., Police Station Bazar Khala, District Lucknow and also issue a writ of mandamus commanding the respondent no.2, not to arrest the petitioner in pursuance of the impugned F.I.R.
Learned counsel for petitioner argued that petitioner is not named in the F.I.R. and his name has come into light in the confessional statement of the co-accused Mohd. Arif, who was arrested on the spot. He further submits that the charge-sheet in the present case has been submitted on 24.05.2020 along with case diary No.13 against the main accused Mohd. Arif, under Sections 3, 5, 25, 29 of Arms Act and Section 420 I.P.C., copies of the same are annexed as Annexure Nos.2 and 3 to the writ petition. He further submits that petitioner is innocent and he has no concern with the alleged crime. He further submits that no recovery of any illicit arms has been made either at the pointing out of the petitioner or from his possession. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence, the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that illegal ammunition have been recovered from the spot, as it appears from the impugned F.I.R. She further submits that offence is serious in nature and petitioner's involvement in the present crime cannot be ruled out. She further submits that from a perusal of impugned F.I.R., cognizable offence is clearly made out against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 19.8.2021 Shubhankar