Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14321 of 2018 Petitioner :- Shyam Pratap Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Chandra,Nand Lal Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prem Chandra, learned counsel for the petitioners, Sri N.K. Verma, 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 6.5.2018 registered as Case Crime No. 88 of 2018 under sections 420, 379 I.P.C., 4, 21 Mines and Minerals (Development and Regulation) Act, 1957 and 3 Prevention of Damage to Public Property Act, 1984, police station Sidhari, District Azamgarh.
Learned counsel for the petitioners submits that the petitioners have 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 same is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and pointed out that the petition, i.e., Crl. Misc. Writ Petition No. 13724 of 2018 filed by co-accused has already been dismissed by this Court.
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 Shiraz