Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2846 of 2021 Petitioner :- Gopal Prasad Garg And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 25.02.2021 registered as Case Crime No. 0033 of 2021,under Sections 147,148, 149, 323, 340, 391, 392, 394, 504, 506 I.P.C., Police Station- Kheragarh, District- Agra , with a further prayer not to arrest the petitioner in pursuance of the said F.I.R.
Learned counsel for the petitioners submits that impugned F.I.R. has been lodged on the basis of an application made under Section 156 Cr.P.C.and he further submits that the police has submitted its report dated 03.11.2020 which clearly states that no such incident, as alleged, has taken place and that on account of some dispute between the first informant as well as petitioner no.1 regarding the land, a false and concocted story has been planted against the petitioners for the purpose of harassing them. He also submits that there is no injury report to corroborate the prosecution version.
Per Contra - learned A.G.A. opposed the prayer of the petitioners for quashing of the impugned F.I.R. and argued that allegations of marpeet as well as snatching of Rs. 150 from the pocket of the informant has been levelled against the petitioners. From allegations made in the impugned F.I.R., a cognizable offence is made against the petitioners, therefore, impugned F.I.R. is not liable to be quashed.
From the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioners.
Considering facts and circumstances of the case and also taking into consideration the submissions advanced by learned counsel for the parties, we do not find it to be a fit case for quashing the impugned F.I.R., hence, the prayer for quashing the impugned F.I.R. is refused.
The writ petition is dismissed accordingly.
Order Date :- 6.4.2021 aks