Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3028 of 2021 Petitioner :- Anil Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri K.D.Tiwari, learned counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri N.K.Srivastava, learned A.G.A.
This writ petition challenges the first information report dated 24.03.2021 arising out of F.IR. No.0243 of 2021, under Sections 147, 353, 504 I.P.C., Police Station Majhola, district Moradabad.
It is stated by learned counsel for the petitioner that there is no specific allegation against the petitioner and he has been wrongly roped in this case. It is further stated that the act of the respondent is against the principle of natural justice and the first information report may be quashed. It is further stated that the first information report is lodged with ulterior motive.
As against this learned Additional Advocate General has taken us through the first information report and submitted that there are specific allegations against the petitioner and when such allegations are there, we do not exercise the power under Article 226 of the Constitution of India.
The writ petition is totally devoid of merit and is accordingly dismissed.
Order Date :- 11.5.2021 R./