Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26754 of 2018 Petitioner :- Dileep Kumar Nishad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raju Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raju Singh, learned counsel for the petitioner, Sri N.K. Tiwari, learned A.G.A. appearing 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 12.9.2018 registered as Case Crime No. 190 of 2018 under sections 65/66 I.T. Act and 420, 409 I.P.C., police station Atarsuiya, District Allahabad.
Learned counsel for the petitioner submits that the petitioner on the date and time of incident was on leave. He has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses 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 :- 25.9.2018 Shiraz