Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19859 of 2018 Petitioner :- Chandan Kumar Jaiswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Neeraj Singh, learned counsel for the petitioner and Sri Deepak Mishra, 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 13.6.2018, registered as case crime no.173 of 2018, u/s 420, 468, 469 IPC and 63, 65 Copy Right Act.
Learned counsel for the petitioner submits that there are no laboratory reports on record to show that petitioner and other co-accused persons are selling the duplicate paint under the name of Asian Paints at his shop. The allegations made against the petitioner is 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 :- 25.7.2018 Gaurav