Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Rajesh Kumar Shukla, learned counsel for the petitioner, Smt. Smiti Sahay, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner- Mohd. Islam, seeking a writ of certiorari quashing the impugned First Information Report dated 19.07.2021 lodged by opposite party no.4 as F.I.R. No. 0110/2021, under Sections 420, 406, 409 I.P.C., Police Station Nawabganj, District Pratapgarh with a further prayer to stay the arrest of the petitioner in pursuance of the aforesaid F.I.R.
Learned counsel for petitioner submits that petitioner is working as Computer Operator under Mahatma Gandhi Employment Guarantee Act 2005 (MGNREGA). He further submits that petitioner has no concern with the alleged offence and he has no authority to transfer the money. He further submits that the impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the F.I.R. She further submits that alleged offence is serious in nature and the petitioner's involvement in the present crime cannot be ruled out as well as there is specific allegation against the petitioner for committing forgery. She further submits that impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., gravity of offence and also considering that as per impugned F.I.R., cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. 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.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 29.7.2021 Shubhankar