Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16457 of 2019 Petitioner :- Akku @ Akash Sharma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Om Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri O.P. Yadav, learned counsel for the petitioner 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 25.5.2019, registered as case crime no.219 of 2019, u/s 364 IPC, P.S. Sipri Bazar, district Jhansi.
Learned counsel for the petitioner submits that the abductee had been recovered within six hours of the incident and some of the accused were arrested by the police and sent to jail. The petitioner is said to have fleen from the place of occurrence. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the name of the petitioner transpires in the statement of the abductee, hence FIR discloses the cognizable offence against the petitioner.
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 petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav