Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10522 of 2018 Petitioner :- Rajesh Kumar Bind Alias Khetai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Wajid Ali,Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.W. Ali, 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 28.1.2017, registered as case crime no.198 of 2017, u/s 457, 380, 427, 511 IPC, P.S. Machhli Shahar, district Jaunpur.
Learned counsel for the petitioner submits that as per FIR, no offence is made out against the petitioner. Even if the allegations made in the FIR are taken on it's face value, even then no prima-facie offence is made out against the petitioner and prosecution of the petitioner is wholly malicious one, 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 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