Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16058 of 2020 Petitioner :- Dhruv Narain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 to 2 and perused the record.
This petition has been filed by the petitioner seeking quashing of the F.I.R. dated 20.07.2020 registered as Case Crime No. 190 of 2020, under Sections 471, 467, 468, 419, and 420 I.P.C., Police Station- Sonaha, District- Basti, with a further prayer not to take any coercive process against the petitioner in pursuance of the said F.I.R.
The submission of learned counsel for the petitioner is that the petitioner is permanent resident of village Rewata, Tappa Sirsi, Pargana Mahauli Purab, Tehsil Khalilabad, District Basti. After carving of new district Sant Kabir Nagar, the petitioner's village came in District Sant Kabir Nagar and under Tehsil Ghanghata. Petitioner's elder brother was in Railway as Class-IV employee in District Gorakhpur. He was living in Siyarampur, Gopalpur, District Gorakhpur. The petitioner was also living with him and has passed his High School and Intermediate Exam from Indrasana Inter College, Balarpar, Gorakhpur. He also completed two years B.T.C. course from Premchand Rajkiya Junior Training College, Gorakhpur in the year 1987 as regular student. He was appointed as Assistant Teacher in Primary Vidyalaya Telhupur, Block Parasurampur, District Basti on 13.11.1994. He has not submitted any forged document. The petitioner was terminated from service on false and vague grounds. Against the order of termination writ petition of the petitioner is pending before this Court. No offence is made out against the petitioner, therefore, impugned F.I.R. is liable to be quashed.
Per-contra learned A.G.A. opposed the prayer for quashing the first information report and argued that from the allegations made in the F.I.R. prima face cognizable offence is made out against the petitioner, therefore, the impugned F.I.R. is not liable to be quashed.
From the allegations made in the first information report it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the first information report, therefore, prayer for quashing the same is refused.
The writ petition is accordingly dismissed.
Order Date :- 6.1.2021 Asha