Devendra And Another vs State Of U.P. And 3 Others
2018 Latest Caselaw 1223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14483 of 2018
 
Petitioner :- Devendra And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sudhanshu Kumar Gour Hari
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Gour Hari, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record..

The relief sought in this petition is for quashing of the F.I.R. dated 17.5.2018, registered as case crime No.309 of 2018, under Section 436 I.P.C., Police Station Dataganj, District Budaun.

Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case. He further submitted that the allegations of burning the house of the informant by the petitioners is absolutely false and incorrect and also the averments that all the articles of the informant kept in the house had been burnt is also wrong and incorrect.The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the FIR is liable to be quashed by this Court.

Learned AGA opposed the prayer for quashing of the FIR which discloses 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 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 :- 31.5.2018/NS