Hon'ble Alok Mathur,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for the State of U.P.
The petition seeks issuance of a writ, order or direction in the nature of certiorari quashing First Information Report registered as FIR/Case Crime No. 0384 of 2020, under Sections 363, 366 I.P.C. at Police Station - Shahabad, District - Hardoi, so far it relates to the petitioner.
From perusal of the impugned first information report, it can not be said that cognizable offence is not made out, therefore, the relief as claimed by the petitioner in the present petition cannot be granted under Article 226 of the Constitution of India. (See State of Harayana and others Vs. Bhajan Lal and others, AIR 1992 SC 604; State of Bihar and another Vs. Md. Khalique and another, 2002 (1) SCC 652 and Girish Kumar Suneja Vs. Central Bureau of Investigation, (2017) 14 SCC 809).
The writ petition lacks merit and is dismissed.
However, it is open to the petitioner to avail the remedy open to him under law to approach the competent Court for bail, within two week's from today, during which period, coercive measures may not be taken against the petitioner, subject to his co-operation in the investigation.
Order Date :- 25.2.2021 A. Verma