Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23514 of 2018 Petitioner :- Youpendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyan Prakash Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gyan Prakash, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. appearing 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 31.8.2017, registered as case crime No.986 of 2017, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Etawah.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.He further submitted that the main allegation has been levelled against the co-accused Rustam Singh who had taken the money and the entire amount has been returned through cheque and the petitioner has no concern with the same. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that petition of co-accused Rustam Singh being Crl. Misc. Writ Petition No.436 of 2018 has already been dismissed by a Coordinate Bench of this Court vide order dated 10.1.2018.
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 :- 28.8.2018/NS