Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37154 of 2018 Petitioner :- Saurabh @ Lalli Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satendra Singh, learned counsel for the petitioner, Sri J.P. Singh, 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 24.10.2017 registered as Case Crime No. 917 of 2017, under Sections 60/72 Excise Act and Section 420 I.P.C., police station Narkhi, District Firozabad.
Learned counsel for the petitioner submits that neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his physical possession or his pointing out.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha,J.) Order Date :- 18.12.2018 Manoj