Hon'ble Rajeev Singh,J.
Heard Sri D.K. Trivedi, learned counsel for the petitioner, Sri S.K. Shukla, learned counsel for respondent no. 4 Sri Ganesh Gupta, learned Brief Holder for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Satyendra Sharma, seeking quashing of the First Information Report of Case Crime No. 333 of 2020 under sections 506, 504, 420, 406, 120-B I.P.C., police station Wazeerganj, District Lucknow with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioner is not the beneficiary of the transaction in question. He has been falsely implicated in the present case only on account of the fact that he happens to be the friend of co-accused Mohammad Zaid and Mohammad Azeem, who have executed registered agreement to sale with respondent no. 4 on 4.9.2020, hence the present F.I.R. is liable to be quashed.
Learned counsel for respondent no. 4 and learned Brief Holder for the State opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner as the petitioner along with co-accused persons has duped the respondent no. 4 in the transaction in question and got an agreement to sale executed, and therefore, the present writ petition be dismissed.
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.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 shiraz