Hon'ble Jaspreet Singh,J.
The Court has convened through Video Conferencing.
Heard Sri Avadhesh Mishra, learned counsel for the petitioner, Sri Dinesh Singh Rana, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Lokesh Mishra alias Luvkush Mishra, for quashing the First Information Report dated 11.08.2020 lodged by the respondent no.4 registered as F.I.R. No. 215 of 2020, under Sections 506, 471, 468, 467, 420, 419, 120-B I.P.C. and Section 7/13 of the Prevention of Corruption Act, Police Station Hazratganj, District Lucknow.
Learned counsel for the petitioner has argued that the petitioner has been implicated in the impugned F.I.R. on the basis of the fact that he is the friend of co-accused Sunil Gujjar alias Monty Gujjar and Ashish Rai, who had cheated the informant and his partner and have received six crores from them by fraud but actually the petitioner has no concern with the aforesaid co-accused persons. He argued that the impugned F.I.R. has been lodged against the petitioner just to malign the image of the petitioner in the society, hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that co-accused Umesh Kumar Mishra has approached this Court by filing Misc. Bench No. 22649 of 2020 : Umesh Kumar Mishra Vs. State of U.P. and others, which was rejected by the Co-ordinate Bench of this Court and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, 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 petitioners.
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.
Order Date :- 31.5.2021 Ajit/-