Hon'ble Rajeev Singh,J.
Heard Sri C.L. Yadav, learned counsel for the petitioner, Sri Arunendra, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Indra Bahadur Yadav, seeking quashing of the First Information Report No. 40 of 2021 under sections 323, 504, 506, 308 I.P.C., police station Cantt., District Ayodhya with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that petitioner and respondent no. 3 are real brothers. There is some dispute between them on account of which present incident had taken place. He submits that so far as injuries received by the injured are concerned, the same are simple in nature, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
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.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 shiraz