Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37480 of 2018 Petitioner :- Seraj Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Kaustubh Srivastava, learned counsel for the respondent no.3.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 21.11.2018 lodged by the respondent no.3 in Case Crime No. 353 of 2018 under Sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Shayamdeurwa, District Maharajganj.
The petitioner is in jail and the prayer has been made for quashing the F.I.R., dated 21.11.2018 lodged by the respondent no.3 on the ground that the latter has disowned to have lodged any F.I.R., against the petitioner.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence the relief sought by the petitioner for quashing of the F.I.R. on the aforesaid basis is misconceived.Therefore, we are not inclined to interfere in the petition.
Accordingly, the writ petition is dismissed.
However, it is open to the petitioner to seek other remedial measure as provided under the law.
Order Date :- 20.12.2018 S.Ali