Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25404 of 2018 Petitioner :- Satyendra Singh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ankit Kumar Sahu Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Sahu, learned counsel for the petitioner and Sri Gambhir Singh, 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 4.8.2018, registered as case crime no.646 of 2018, u/s 420, 406 IPC, P.S. Bisrakh, district Gautam Budh Nagar.
Learned counsel for the petitioner submits that main allegation is against co-accused Jahid. The co-accused Jahid in collusion with the petitioner was getting the vehicles. The petitioner is a labourer. As per FIR, no offence is made out against the petitioner, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav