Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10903 of 2018 Petitioner :- Ashutosh Kumar Dashrath Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kundan Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kundan Rai, learned counsel for the petitioner and Sri N.K. Verma, 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 1.2.2016, registered as case crime no.49 of 2016, u/s 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Sigra, district Varanasi.
Learned counsel for the petitioner submits that as per FIR, no offence is made out against the petitioner. 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 petition of the co-accused being Criminal Misc. Writ Petition No.10698 of 2018 has already been dismissed by this Court on 26.4.2018, 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 Gaurav