Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24343 of 2018 Petitioner :- Atul Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jitendra Singh, learned counsel for the petitioner and Sri N.K. Tiwari, 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 9.8.2018, registered as case crime no.676 of 2018, u/s 392 IPC, P.S. Khorabar, district Gorakhpur.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has come into light in the confessional statement of co- accused who was arrested from the spot, hence present FIR be quashed. From the perusal of the 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 which discloses the cognizable offence.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav