Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26507 of 2018 Petitioner :- Bhola Bhartiya Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Shiv Lal,Manvendra Narain Pathak Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shiv Lal Verma, learned counsel for the petitioner and Sri Gambhir Singh, 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 25.08.2018 registered as Case Crime No. 538 of 2018, under Sections 406, 419, 420, 467, 468, 504, 506 I.P.C., Police Station Karchana, District Allahabad.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that petitioner has neither committed any forgery nor cheated any person and there is no evidence against the petitioner to connect him in this crime. As per FIR, no offence is made out against the petitioner. The allegations made against the petitioners 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 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 :- 24.9.2018 Ashok Gupta