Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15972 of 2019 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilendra Yadav,Aniruddha Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Akhilendra Yadav, learned counsel for the petitioner, Sri Deepak Mishra, 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 16.8.2018 registered as Case Crime No. 239 of 2018 under sections 406, 420 I.P.C., police station Matsaina, District Firozabad.
Learned counsel for the petitioner submits that the name of the firm of the petitioner was similar to that of respondent no. 3 on account of which some amount was transferred inadvertently in the account of the petitioner's firm. He submits that though he used the said amount but he is ready to refund the said amount, hence the present F.I.R. 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz