Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19833 of 2019 Petitioner :- Aparna Chaudhary Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Pradeep Kumar, learned counsel for the petitioner, Sri Gaurav Pratap Singh, 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 9.2.2018 registered as Case Crime No. 0036 of 2018, under Sections 332, 323, 504, 506, 427 IPC police station Sarai Aqil, District Kaushambi.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and though the chargesheet has been submitted but respondent nos.5 and 6 have been exonerated.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner has remedy under Section 319 Cr.P.C.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika