Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25417 of 2018 Petitioner :- Firoz Khan And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.D. Dwivedi holding brief of Sri Sanjay Singh, learned counsel for the petitioners, Sri Pawan Shukla, 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 31.7.2018 registered as Case Crime No. 419 of 2018 under sections 420, 467 468, 471 I.P.C., police station Ganj, district Rampur.
Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. and when they submitted surrender application, the involvement of the petitioners came into light. He submits that the impugned F.I.R. has been challenged by co-accused Sarvesh Kumar, who was the Bank employee, in Crl. Misc. Writ Petition No. 23708 of 2018 in which interim protection was given to him vide order dated 28.8.2018, hence the petitioners are also entitled for the same relief.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that it is a case of bank fraud and so far as interim protection granted to the co-accused is concerned, the same has been granted to him taking into account the fact that he was retired from service in the year 2016 and the incident in question has taken place in the year 2018.
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 :- 13.9.2018 Shiraz