Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Neeraj Sahu, learned counsel for the petitioner, Sri D.S. Rana, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner- Mukeem Ali with a prayer to issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 03.07.2021 lodged by respondent no.3 as F.I.R. No.453/2021, under Sections 420, 467, 468, 471 I.P.C. and Sections 8, 18, 23(c), 60, 29 of N.D.P.S. Act, Police Station Bilgram, District Hardoi with a further prayer to stay the arrest of the petitioner in pursuance of the impugned F.I.R.
Learned counsel for petitioner submits that petitioner is the registered owner of truck bearing No.U.P.27-AT-6398. He further submits that he has given his truck on rent to Reshma w/o co-accused Mustkeem Ali, who is brother of petitioner, a copy of rent agreement dated 02.06.2021 is annexed as Annexure No.2 to the writ petition. He further submits that the name of the petitioner has come into light in the statement of co-accused Mustkeem Ali, who has been arrested on the spot. He further submits that petitioner has no concern with the alleged crime. He further submits that no recovery of any incriminating article has been made either at the pointing out of the petitioner or from his possession.
Lastly, the submission of learned counsel for petitioner is that 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. and a large quantity of alleged contraband of 16 quintals 85 Kg. 800 gram Doda (chura and chilka) has been recovered from the truck of the petitioner. He further submits that alleged offence is serious in nature and petitioner's involvement in the present crime cannot be ruled out and also the 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.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 12.8.2021 Shubhankar