Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19935 of 2019 Petitioner :- Krishankant Agarwal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- G.A.,H0109
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Udai Chandi, learned counsel for the petitioners, Sri Harish Kumar Yadav, learned counsel for the caviator, Sri A.K. Saran, 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 23.6.2019 registered as Case Crime No.0550 of 2019, under Sections 420, 406, 467, 468, 471, 384 and 506 IPC, P.S. Civil Lines, District Moradabad.
Learned counsel for the petitioners states that respondent no.4 is partner of a firm and there arose some dispute between them regarding partnership and earlier a complaint was registered in Gujarat which was enquired into and a report was submitted on 6.7.2019. The dispute between the parties regarding business transactions, hence, the present FIR appears to be misuse of process of law, which 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019/Neeraj