Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4595 of 2018 Petitioner :- Rakesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Yadav,Prem Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri P.P. Yadav, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. appearing 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 27.1.2018 registered as Case Crime No. 20 of 2018, under Sections 409 I.P.C. police station Phoolpur, District Azamgarh.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out.
Learned AGA opposed the prayer for quashing of the FIR which discloses 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Shiraz