Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10714 of 2018 Petitioner :- Silendra @ Shailendra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shive Datta Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.D. Yadav, learned counsel for the petitioner, 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 8.4.2018 registered as Case Crime No. 52 of 2018 under sections 419, 420, 467, 468, 471, 411 I.P.C., 41 Cr.P.C. and 207 Motor Vehicle Act, police station Hathgaon, District Fatehpur.
Learned counsel for the petitioner submits that the allegation levelled in the F.I.R. against the petitioner is totally false and the petitioner has no concern with the allegedly recovered motorcycle. He 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.
Learned AGA 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 :- 26.4.2018 Shiraz