Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23011 of 2018 Petitioner :- Rishi Ram Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- G.A.,Ajay Kumar Kashyap Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioners has filed a supplementary affidavit today in Court, which is taken on record.
Heard Sri Mohd. Faiz, learned counsel for the petitioners, Sri Ajay Kumar Kashyap, learned counsel for the caveator, Sri Deepak Mishra, 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 13.7.2018, registered as case crime No.684 of 2018, under Sections 420, 406 I.P.C., P.S. Izzat Nagar, District Bareilly.
Learned counsel for the petitioner submits that the petitioners happen to be the friends of co- accused Vinod Kumar against whom main allegation has been levelled and on account of which they have been falsely implicated in the present case with malafide intention. He further submitted that the petitioners have no concern with the alleged incident. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the Company in question has duped the respondent no.3 as well as other persons of their money and the writ petition filed by the co-accused Vinod Kumar being Crl. Misc. Writ Petition No.20835 of 2018 has already been dismissed by this Court vide order dated 2.8.2018, copy of which has been produced and the same 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 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 :- 24.8.2018/NS