Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14436 of 2018 Petitioner :- Hemant Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivarchan Mishra Counsel for Respondent :- G.A.,Garun Pal Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shivarchan Mishra, learned counsel for the petitioners, Sri Varun Pal Singh, learned Caveater and Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.5.2018 registered as case crime no. 0575 of 2018 under sections 328, 386, 120B I.P.C. and Section 67 I.T. (Amendment) Act, police station Highway, district Mathura.
Learned counsel for the petitioners submits that the impugned F.I.R. has been challenged by co-accused person before this Court in Crl. Misc. Writ Petition No. 13883 of 2018 which has been dismissed vide order dated 28.5.2018.
Copy of the aforesaid order has been produced by learned counsel for the petitioners which is taken on record.
Learned A.G.A. opposed the prayer for quashing.
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 petitioners, 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 :- 30.5.2018/Deepika