Hon'ble Rajeev Singh,J.
Heard Sri C.P. Verma, learned counsel for the petitioners, Sri Arunendra, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Neeraj Yadav, Mahendra Yadav and Saroj Raj Poot, seeking quashing of the First Information Report of Case Crime No. 58 of 2021 under sections 406, 420, 120-B, 506 I.P.C., police station Sarogani Nagar, District Lucknow with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioners are not the beneficiary of the transaction in question. They have been falsely implicated in the present case due to enmity though they have no concern with the transaction in question in any manner and the main allegation is against co-accused Prabhu Kashyap, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. for the State opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners as the petitioner along with co-accused Prabhu Kashyap has duped the respondent no. 4, and therefore, the present writ petition be dismissed.
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 petitioner, 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.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 shiraz