Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10663 of 2018 Petitioner :- Ram Dutta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshman Singh,Santosh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Pandey, learned counsel for the petitioner, Sri N.K.Verma,learned A.G.A. for the State and perused the impugned FIR as well as material brought on record..
The relief sought in this petition is for quashing of the F.I.R. dated 24.2.2018, registered as Case Crime No.15 of 2018, under Section 409 I.P.C., Police Station-Madhaugarh, District Jalaun.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the petitioner was posted as Revenue Inspector and was transferred on 13.8.2015 and due to transfer in another Tehsil he had given the charge to Revenue Inspector Kaushal Raj Singh on 19.8.2018 and he had handed over 74 files to him. The allegation levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the files which were of the Court of Tehsildar have been found to be missing and after due enquiry the impugned FIR has been lodged against the petitioner.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018/NS