Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 6035 of 2017 Petitioner :- Sarvendra Khurana @ Montu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Birendra Singh, learned counsel for the petitioner, Sri Gauri Shanker, 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 9.11.2016 registered as Case Crime No. 1889 of 2016, under Sections 324, 504, 506 I.P.C., police station Sahibabad, District Ghaziabad.
Learned counsel for the petitioner submits that as per the F.I.R., no offence is made out against the petitioner. The allegations made against the petitioner are absolutely, frivolous and baseless, hence, present F.I.R. 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 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.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Manoj