Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10481 of 2018 Petitioner :- Vijay @ Compotar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Kumar Singh, learned counsel for the petitioner and Sri Prabhash Pandey, 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 01.02.2018, registered as case crime no. 17 of 2018, under Sections 328, 379, 420, IPC, Police Station Teewaripur, District Gorakhpur, in so far concern of the petitioner.
Learned counsel for the petitioners submitted that petitioner is not named in the FIR and neither the petitioner was arrested on the spot nor anything been recovered from his possession or his pointing out by the police. He further submitted that the name of petitioner came into light during the course of investigation in the confessional statement of the co-accused, hence the present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 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 petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 VKG