Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15562 of 2020 Petitioner :- Shree Ramji Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Bhaskar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri V.B. Singh, learned counsel for the petitioner, Ms. Manju Thakur, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Shree Ramji, seeking quashing of the First Information Report of Case Crime No. 814 of 2020 under sections 420, 467, 468, 471 I.P.C., police station Puwayan, District Shahjahanpur with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioner is the In-charge at Kraya Kendra of Krishi Vipran Sahkari Samiti Ltd., Badagaon. He purchased the paddy in Kraya Kendra by the farmers who reached at his centre and in this regard several farmers and villagers have given notary affidavit before the Jila Khadya Vipdana Adhikari Shahjahanpur. The petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
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.
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.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Shiraz