Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15564 of 2020 Petitioner :- Lalit Kumar Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri V.P. Mishra, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Lalit Kumar Pandey and Anil Kumar Pandey, seeking quashing of the First Information Report of Case Crime No. 245 of 2020 under sections 409, 420, 120-B I.P.C., police station Mirzapur, District Shahjahanpur with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners submits that petitioner no. 1 is only a Contractor and he has no role to play in the present crime and petitioner no. 2 is the Assistant Engineer and the allotment of work is to be done by the Executive Engineer and petitioner no. 2 has no concern with the same, hence the petitioners have not committed any offence as alleged in the impugned F.I.R., thus 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 petitioners as petitioner no. 2 has wrongly allotted the work to petitioner no. 1, who is not registered under the Sales Tax Act as he is the real brother of petitioner no. 2, 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Shiraz