Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38030 of 2018 Petitioner :- Mabood Hussain @ Munna Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammed Iftekhar Counsel for Respondent :- G.A.,Sudhir Mehrotra
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mohd. Iftekhar, learned counsel for the petitioners, Sri Dhirendra Agrahari holding brief of Sri Sudhir Mehrotra, learned counsel for the caveator as well as Sri Prabhash Pandey, 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 24.2.2015 registered as case crime No. 0068 of 2015, under section 307 I.P.C., police station Nawabganj, District Allahabad.
Learned counsel for the caveator submits that the petitioner is avoiding his arrest and the informant of the case i.e. respondent no. 5 had approached this Court and filed writ petition, therefore, the petitioner has come up before this court for quashing of the impugned F.I.R. dated 24.2.2015 to which learned counsel for the petitioner states that the petitioner was not present at the date and time of the incident and he has been falsely implicated in the present case.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petition lacks merit and is accordingly, dismissed.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 Manoj