Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25229 of 2018 Petitioner :- Jitendra Mishra And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Mithilesh Kumar Mishra,Ashwini Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.K. Mishra, learned counsel for the petitioners, Sri Gambhir Singh, 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 14.7.2018 registered as Case Crime No. 657 of 2018 under section 420 I.P.C., police station Noida Sector-39, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is authorized to run an institution only upto class-VIII for which he was having recognition from the competent authority. He submits that the allegation made in the F.I.R. that he was running the institution from class IX to XII is absolutely false. He has been falsely implicated in the present case only on account of the fact that he did not fulfil the illegal demand of official of the concerned department, hence the present F.I.R. 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 :- 12.9.2018 Shiraz