Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10515 of 2018 Petitioner :- Mukesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Dubey, learned counsel for the petitioner and Sri N.K. Verma, learned AGA 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 26.10.2016, registered as case crime no.326 of 2016, u/s 147, 148, 149, 302 IPC, P.S. Nidhauli, district Etah.
Learned counsel for the petitioner submits that petitioner though was named in the FIR but during the course of investigation final report was submitted as the deceased committed suicide due to some house-hold dispute. Thereafter on the demonstration made by the persons of the village, further investigation has been ordered by the authority concerned and the same is still pending.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the deceased was being pressurized by the petitioner as well as accused persons to compromise in a case which was for the murder of one of the person namely Dinesh who refused to compromise the same, hence he was done to death.
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 :- 25.4.2018 Gaurav