Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Arvind Kumar Tripathi, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
The instant writ petition has been filed by the petitioner- Nishant Pandey for the following reliefs:
" (i) issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 29.06.2021 bearing F.I.R. No.0281 of 2021, under Sections 504, 506 I.P.C. in Police Station Madiyon, District Lucknow lodged by the opposite party No.4 as contained in Annexure No.1 to this writ petition.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to 3 to comply the order passed by Hon'ble Apex Court in case of Arnesh Kumar Vs. State of Bihar 8(SCC)273, 2014 and proceed against petitioners as per provision of section 41(A) Cr.P.C."
Learned counsel for petitioner argued that private respondent is real aunt of the petitioner and there was a money dispute between the parties, on account of which the present F.I.R. has been lodged with malafide intention. He further submits that there is no eye witness regarding the alleged offence. He further submits that impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the impugned 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. He further submits submits that it appears that dispute between the parties with respect to farm house. He further submits that as per impugned F.I.R., serious allegation has been levelled against the petitioner that he wanted to kill the complainant and in this regard, he hired a shooter. He further submits that from a perusal of impugned F.I.R., cognizable offence is clearly made out 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., which shows that 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 petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 17.8.2021 Shubhankar