Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24398 of 2018 Petitioner :- Harikesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dhirendra Bahadur Singh holding brief of Sri K.K. Dwivedi, learned counsel for the petitioner, Sri Irshad Hussain, 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 22.8.2018 registered as Case Crime No. 231 of 2018 under section 409 I.P.C., police station Sahpau, District Hathras.
Learned counsel for the petitioner submits that the petitioner 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 same 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 :- 5.9.2018 Shiraz