Hon'ble Rajeev Singh,J.
Heard Sri Naveen Kumar Pandey, learned counsel for the petitioners, Ms. Beena Gupta, learned counsel appearing for the private respondent no.4, Sri Anurag Verma, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Surjeet Kumar Chaturvedi and Amarjeet, seeking quashing of the First Information Report of Case Crime No.14 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District Gonda with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the petitioner no.1 is the Gram Pradhan and petitioner no.2 is the Gram Panchayat Vikas Adhikari Panchayat Secretary, Besahupur, Vikas Khand Mujehna, P.S. Motiganj, District Gonda respectively. He further argued that the wife of the complainant/opp. party no.4 as well as FIR writer, namely, D.P.Shukla, Advocate (Dwarika Prasad Shukla) contested the last Pradhani election and were defeated by the petitioner no.1 and their security amount was also seized, on account of which the impugned F.I.R. has been lodged against the petitioners to restrain them from participating in the forthcoming election and also to malign their image in the society. He next argued that the petitioners have refunded the excess amount to Zila Swakchta Mission Gonda through Bank draft on 6.6.2020 and 29.7.2020, copies of the bank draft are enclosed with the writ petition as Annexure-4 to the writ petition. The said fact has been stated in paragraph no.8 of the writ petition. The allegation levelled against the petitioners is false, frivolous and baseless. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed.
Learned counsel for private respondent no.4 as well as learned A.G.A. opposed the prayer for quashing of the First Information Report and argued that the petitioners along with other co-accused persons have manipulated the things in such a manner by exploiting the respondent no.4, for which respondent no.4 made complaint to the authority concerned regarding fraudulent act of the petitioners in which enquiry was conducted and thereafter the petitioners deposited the amount in question and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
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 petitioners, 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 2.2.2021 NS