Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13839 of 2018 Petitioner :- Yogesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Lal Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.L. Shukla, learned counsel for the petitioner and Sri A.K. Sand, 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 3.4.2018, registered as case crime no.186 of 2018, u/s 420, 467, 468, 471, 504, 506 IPC, P.S. Badalpur, district Gautam Budh Nagar.
Learned counsel for the petitioner submits that as per FIR, no offence is made out against the petitioner. The allegations made against the petitioner are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing and submitted that the co-accused of the present case has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.11012 of 2018, the said petition has already been dismissed by this Court on 1.5.2018.
Copy of the order dismissing the petition of co-accused of the present case supplied by learned AGA is taken on record.
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 :- 28.5.2018 Gaurav