Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10815 of 2018 Petitioner :- Satish Chandra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lok Nath Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri L.N. Shukla, learned counsel for the petitioner and Sri N.K. Verma, learned AGA 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 8.6.2017, registered as case crime no.1306 of 2017, u/s 406, 506, 420 IPC, P.S. Bansi, district Siddharth Nagar.
Learned counsel for the petitioner submits that as per FIR, no offence is made out against the petitioners. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed. The co-accused Santosh Kumar Yadav has already been granted bail by the competent court.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
Copy of the order passed by this Court supplied by learned counsel for the petitioner 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 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 petitioner. The prayer for quashing the FIR is refused.
However, the court below while considering the bail application of the petitioner shall consider the fact that co-accused of the present case has already been granted bail by the competent court, if the petitioner moves bail application before the court below.
With the aforesaid direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Gaurav