Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14418 of 2018 Petitioner :- Sudhir Kumar Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, Ms. Archana Upadhyay, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 15.4.2017 registered as case crime no. 534 of 2017 under sections 420, 274, 275, 276 I.P.C. and Section 18(C), 27 Aushadhi Aur Prasadha Samagri Adhiniyam, 1940, police station Kotwali, District Etah.
Learned counsel for the petitioner submits that the petitioner is an employee of a Pathology Lab and he has no concern with the alleged incident. It has been further submitted 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.
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 :- 30.5.2018 Deepika