Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23139 of 2018 Petitioner :- Rajesh Kumar Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sharma,Abhishek Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Sharma, 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 18.5.2018, registered as case crime no.100 of 2018, u/s 406, 420, 504, 506 IPC, P.S. Raipurva, district Kanpur Nagar.
Learned counsel for the petitioner submits that no role has been assigned to the petitioner in the FIR nor he is named in the FIR. Petitioner happens to be the father of co-accused Dhiraj and Abhinav Upadhyay.
Learned AGA opposed the prayer for quashing and submitted that the co-accused of the present case has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.20730 of 2018, the said petition has already been dismissed by this Court on 1.8.2018.
Copy of the order dismissing the petition of co-accused of the present case supplied by learned AGA is taken on record.
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 :- 24.8.2018 Gaurav