Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Desh Deepak Verma, learned counsel for the petitioner, Shri Arun Kumar Pandey, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the record.
This writ petition has been filed by the petitioner Mohd. Tausib with a prayer to quash the impugned FIR No.0193 of 2021, under Sections 380, 411 I.P.C., Police Station Gomti Nagar Vistar, District Lucknow with a further prayer to not arrest the petitioner in the impugned FIR.
It has been argued by learned counsel for the petitioner that the petitioner was not named in the FIR and his name surfaced in the confessional statement of co-accused. It is further argued that the petitioner runs a small grocery shop at footpath of Malese Mau and the police wanted to remove the said shop under the influence of other traders and when the petitioner refused to do so, he has been falsely implicated in the present case with malafide intention. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that theft articles were recovered from the possession of co-accused persons. On interrogation they stated that they along with the petitioner were involved in the alleged theft. She further submits that from a perusal of F.I.R., prima facie, it cannot be said that no cognizable offence is made out against the petitioner, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which discloses cognizable offence 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.
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(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2021 Anand/-