Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10855 of 2018 Petitioner :- Manoj And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Respondent :- G.A.,Rajesh Sharma
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.K. Jaiswal, learned counsel for the petitioners, Sri Rajesh Sharma, learned counsel for the respondent no.3 and Sri N.K. Verma, learned A.G.A. 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 11.4.2018, registered as case crime no.59 of 2018, u/s 323, 504, 326 IPC, P.S. Vijaygarh, district Aligarh.
Learned counsel for the petitioners submits that as per FIR, no offence is made out against the petitioners. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA as well as learned counsel for the respondent no.3 opposed the prayer for quashing of the FIR and submitted that the victim has sustained injuries on mandible region, hence FIR discloses the 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 petitioners, 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 :- 27.4.2018 Gaurav