Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Ranjeet Pratap Singh, learned counsel for the petitioner, Mrs. Meera Tripathi, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner Shamshad @ Shamshad Alam with a prayer to quash the impugned FIR No.0212 of 2021, under Sections 34, 188, 332, 342, 353, 427, 395, 152, 171-G, 323, 504 I.P.C. & Section 7 of Criminal Law Amendment Act and Section 3 of Epidemic Disease Act, Police Station Lalganj, District Pratapgarh with a further prayer not to arrest the petitioner pursuant to the said FIR.
It has been argued by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case with an ulterior motive. The petitioner has no criminal history. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the FIR and states that co-accused Ansar has also challenged the impugned FIR by way of Writ Petition No.10407 (M/B) of 2021, which was disposed of by a Co-ordinate Bench of this Court vide order dated 12.05.2021 with liberty to the petitioner to take recourse to the remedy available under Section 438 Cr.P.C. She further submits that from a perusal of F.I.R. cognizable offence is made out against the petitioner, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which discloses cognizable offence against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 29.7.2021 Anand/-