Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14432 of 2018 Petitioner :- Shivin Sonkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Asthana,Anil Kumar Ojha Counsel for Respondent :- G.A.,Avinash Kumar Gautam
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjeev Kumar Asthana, learned counsel for the petitioner, Sri Satyendra Narayan Singh, learned counsel for the Caveater 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 21.5.2018 registered as Case Crime No. 209 of 2018, under Sections 376, 377, 354, 342, 328, 312, 504, 506 I.P.C., police station Sarnath, District Varanasi.
Learned counsel for the petitioner submits that the respondent no.4 is having a girl child from the wedlock of petitioner and herself but it appears from the record that they are having some dispute between them due to which the present FIR has been lodged giving serious colour to the incident.
Learned counsel for the Caveater 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 :- 30.5.2018 Deepika