Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11499 of 2019 Petitioner :- Lalit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 1st March, 2019 registered as Case Crime No.78 of 2019, under Sections 420, 468 and 471 I.P.C. at Police Station Khandauli, District Agra.
The allegation in the First Information Report is that Harish Kumar's photograph was provided for getting I-card to let Lalit Kumar (petitioner) appear in the examination. And Harish Kumar was caught giving examination for Lalit Kumar. The first information report has been lodged naming Harish Kumar and the Principal of the institution concerned.
As it is not denied that the petitioner is brother of Harish Kumar and Harish Kumar has been caught giving examination in the name of Lalit Kumar, it cannot be said that the impugned first information report discloses no prima facie case against the petitioner.
In view of the above, the prayer to quash the first information report is rejected.
The petition is dismissed. The petitioner is at liberty to apply for bail, if so advised.
Order Date :- 30.4.2019. Rks.