Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26417 of 2018 Petitioner :- Manoj Kumar @ Manoj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Yadvesh Yadav, learned counsel for the petitioner, Sri Pawan Shukla, 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 26.8.2018 registered as Case Crime No. 282 of 2018 under section 420 I.P.C., police station Shikarpur, District Bulandshahar.
Learned counsel for the petitioner submits that no money whatsoever was paid by respondent no. 4 to the petitioner against the OTP number. He submits that at the time of entry of name and other information for getting the Aadahar card was done in the presence of the person, who require the said Aadhar card, hence the entire story built up by respondent no. 4 has not basis and the present F.I.R. 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 petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz