Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25415 of 2018 Petitioner :- Subhash Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Gyanendra Prasad Mahant Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gyanendra Prasad Mahant, learned counsel for the petitioner and Sri Pawan Shukla, learned AGA 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 13.3.2018, registered as case crime no.0039 of 2018, u/s 419, 420, 506 IPC, P.S. Nandganj, district Ghazipur.
Learned counsel for the petitioner submits that the compromise took place between the co-accused Sudhir and respondent no.3 on 27.9.2017 and thereafter impugned FIR has been lodged against the petitioner along with co-accused persons after aforesaid compromise took place but it appears that the compromise was not executed between the parties. The transaction in question was between the co-accused Sudhir and respondent no.3. So far as petitioner is concerned, he has no concern with the other co-accused persons, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petition of co-accused has already been dismissed by this Court on 21.5.2018 in Criminal Misc. Writ Petition No.12936 of 2018.
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 :- 13.9.2018 Gaurav