Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10520 of 2018 Petitioner :- Rajat Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satendra Kumar, learned counsel for the petitioner and Sri G.P. Singh, 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 commanding the respondents not to harass the petitioner on the basis of F.I.R. dated 4.3.2018, registered as case crime no.51 of 2018, u/s 417, 420 IPC and 66-D I.T. Act, P.S. Kotwali, district Moradabad.
Learned counsel for the petitioner submits that petitioner is the husband of respondent no.4. There was some matrimonial dispute between them for which case u/s 498-A IPC was initiated by the respondent no.4 against the petitioner which was referred to Mediation Centre of this Court. The petitioner had challenged the FIR of the present case in Criminal Misc. Writ Petition No.5834 of 2018 in which his arrest was stayed by coordinate Bench of this Court on 12.3.2018, copy of the same is annexed on page 26 of the present petition. It is stated that the Crime Branch with whom matter is seized for investigation is summoning the petitioner along with her parents.
Learned AGA pointed out that there is no averment made in the present petition that the petitioner is cooperating with the investigation of the preset case.
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 petitioners, 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 :- 25.4.2018 Gaurav