Citation : 2018 Latest Caselaw 552 ALL
Judgement Date : 15 May, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 12405 of 2018 Petitioner :- Pankaj Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.S.Sengar, learned counsel for the petitioners, Sri G.P.Singh, 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 6.5.2018, registered as case crime No.371 of 2018, under Sections 406, 420 I.P.C., Police Station Kotwali Orai, District Jalaun.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that petitioner no.1 had earlier lodged an FIR against the respondent no.4 and his other associates for the offence under Sections 504, 506 I.P.C., on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 15.5.2018/NS
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