Hon'ble Rajeev Singh,J.
Heard Sri P.K. Upadhyay, learned counsel for the petitioner, Sri Ganesh Gupta, learned Brief Holder for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Devendra Mohan, seeking quashing of the First Information Report No. 580 of 2020 under sections 406, 409 and 420 I.P.C., police station Motipur, District Bahraich with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that without holding a proper enquiry and arriving at a conclusion that cogent evidence is available against the petitioner, no F.I.R. can be lodged against him, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
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.
Order Date :- 11.2.2021 shiraz