Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22915 of 2018 Petitioner :- Ganga Prasad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshman Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Lakshman Singh, learned counsel for the petitioners, Sri A.R.Chaurasia, 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 15.7.2018, registered as case crime No.655 of 2018, under Sections 323, 324 I.P.C., P.S. Kotwali Orai, District Jalaun.
Learned counsel for the petitioner submits that the petitioner no.1 is real brother of the respondent no.3 and there was some dispute between them regarding partition of the house, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling absolutely false and frivolous allegations, though no offence is made out against them hence, FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the injury report of the injured has not been annexed with the writ petition.
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 petitioners.
The petition lacks merit and is, accordingly, dismissed (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018/NS