Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23221 of 2018 Petitioner :- Avinash Mani Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Tiwari,Akhilesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Tiwari, learned counsel for the petitioner and Sri Amrit Raj Chaurasiya, learned AGA for the State.
By means of this petition, the petitioner has prayed for quashing of the First Information Report dated 06.08.2018 in F.I.R. No. 308 of 2018 under section 379 IPC, Police Station Cantt., District Allahabad.
Learned counsel for the petitioner submitted that the money which has been recovered from the house of Sri Deepak Rastogi, petitioner has no concern with the house from where the same has been recovered.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner is named in the FIR along with co-accused Wilson Maisy who has stated that entire money i.e. Rs. 28 lacs which have been recovered was taken to the house of petitioner by him and only Rs. 7,93,500/- which was recovered, the rest of the amount was stolen by 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 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 :- 24.8.2018 Puspendra