Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Sri Praveen Tripathi, learned counsel for the petitioners, Sri D.S. Rana, learned A.G.A. appearing 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 petitioners, namely, Nikhil, Rohit & Mohit with the following prayer:-
"(i) To issue a writ, order, or direction in the nature of Certiorari quashing the impugned F.I.R. dated 15.3.2021 registered against the petitioners by opp. party no.4 at Case Crime No.0228 of 2021, under Sections 147, 148, 323, 504, 394 I.P.C. and Section 3(2) (va) of SC/ST Act, P.S. Chinhat, District Lucknow.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case due to previous enmity. He further submits that earlier the brother of petitioners had lodged an F.I.R. against the family members of opp. party no.4 being case crime No.914 of 20218, in which charge sheet has been submitted, hence in retaliation the impugned F.I.R. has been lodged by opp. party no.4 against the petitioners just for the purpose of harassment levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, the F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and further submits that the petitioners have assaulted the informant with an iron rod on account of which the legs of the informant got fractured and further caused injuries to Ravi and also looted the golden chain of Rajit.
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 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 oncerned 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.
Order Date :- 31.5.2021 NS/Ashish