Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16592 of 2019 Petitioner :- Solu Singh And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Prabhat Kumar Singh Counsel for Respondent :- G.A.,Shitala Sahay Srivastav
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Prabhat Kumar Singh, learned counsel for the petitioners, Sri Shitala Sahai Srivastava, learned counsel for respondent No.4, Sri S.S. Sachan, 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 07.05.2019 registered as Case Crime No. 151 of 2019, under Sections 436, 323, 504, 506 I.P.C. and 3(2)(V) SC/ST Act, Police Station- Shahganj, District- Jaunpur.
Learned counsel for petitioner submits that house of the informant was burnt accidentally. Learned counsel for the petitioner further submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Sri Shitala Sahai Srivastava, learned counsel for respondent No.4 and learned A.G.A. have vehementally opposed the prayer for quashing of the FIR and submits that house of the informant was burnt who belong to scheduled caste community and moreover the victim has sustained injury, copy of which has not annexed to the writ petition.
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.
Order Date :- 14.6.2019 Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)