Hon'ble Saurabh Lavania,J.
Heard.
By means of present petition, the petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing FIR/Crime No.0125 of 2021, under Sections- 147, 323, 504, 506, 386 IPC, Police Station- Krishna Nagar, District- Lucknow.
The contention of counsel for the petitioner is that the petitioner was complaining against the illegal extortion of money by the Police as the petitioner is also Patri Dukandar, however, the police have falsely implicated the petitioner by using one of the Patri Dukandars to lodge an FIR.
These are factual issues, which cannot be determined under Article 226 of the Constitution of India certainly not at this stage. Therefore, they will have to be seen during investigation.
We are therefore, not inclined to quash the impugned FIR. It is open for the petitioner to avail the remedies under Sections- 438/439 Cr.P.C., as the case may be, as per law.
With these observations, this petition for quashing the FIR is dismissed.
Order Date :- 18.5.2021 Arun/-