Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16616 of 2019 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the petitioner, learned A.G.A. appearing 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 28.5.2019 registered as Case Crime No. 251 of 2019, under Sections 420, 409 I.P.C., police station Gunnaur, District Sambhal.
Learned counsel for the petitioner submits that the petitioner is a suspended Village Pradhan and the present F.I.R. has been lodged against him owing to some political rivalry. Learned counsel for the petitioner has also submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submits that the amount of Rs. 11 lacs has been illegally withdrawn by this petitioner, for which he has been suspended from his post and his financial power was also seized.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan