Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16467 of 2019 Petitioner :- Deepak Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Avinash Pandey, learned counsel for the petitioner and Sri Irshad Hussain, 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 10.9.2018, registered as case crime no.505 of 2018, u/s 419, 420, 406, 468 IPC, P.S. Line Bazar, district Jaunpur.
Learned counsel for the petitioner submits that earlier an FIR was also registered against the petitioner and the co-accused persons in district Mau. The said FIR was challenged by them before this Court in Criminal Misc. Writ Petition Nos.16608 of 2018 and 9772 of 2018 in which their arrest has been stayed by this Court on 22.6.2018 and 18.4.2018 respectively but thereafter the present FIR has been registered against the petitioner by another person who is respondent no.4 for the same offence.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner along with co-accused persons has duped the public by taking money and the Finance Company in question has also been closed down, 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 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav