Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20568 of 2018 Petitioner :- Rajan Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Yadav, learned counsel for the petitioner and Sri N.K. Verma, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 5.5.2017, registered as case crime no.470 of 2017, u/s 379 IPC, P.S. Cantt. district Gorakhpur.
Learned counsel for the petitioner submits that the present FIR has been lodged after five months of the incident. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Gaurav