Hon'ble Rajeev Singh,J.
The Court has convened through Video Conferencing.
Heard Sri Dinesh Pratap Singh, learned counsel for the petitioner, Sri U.C.Verma-I, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Ram Singh, seeking quashing of the First Information Report dated 18.09.2019, registered as Case Crime No.0776 of 2020, under Sections 454 & 380 I.P.C., Police Station P.G.I., 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 argued that though the petitioner is named in the F.I.R. but there appears to be no evidence against the petitioner and his name has come into light in the confessional statement of the co-accused persons. Moreover, the petitioner was given a notice on 20.02.2021 by the Investigating Officer for his appearance in the present case. He further submits that the petitioner has been falsely implicated in the present case. No recovery has been made from the possession of the petitioner. No offence is made out against the petitioner, hence, the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and submits that the petitioner is also named in the FIR long with two co-accused persons and his involvement in the present case cannot be ruled out. Moreover, a notice was given by the Investigating Officer to the petitioner on 20.1.2021, copy of which has been annexed as Annexure-3 to the writ petition. He further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, 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.
Accordingly, this writ petition fails and is 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 concerned 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 :- 7.5.2021 NS/Amit/VKS