Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26851 of 2018 Petitioner :- Ram Achal And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jagadish Prasad Yadav, learned counsel for the petitioners, 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 2.06.2018 registered as Case Crime No. 108 of 2018, under Sections 419, 420, 467, 468, 336, 353, 427, 186 I.P.C.
and 60 U.P. Excise Act, Police Station Utraon, District- Allahabad.
Learned counsel for the petitioners submit that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shubhankar Thakur