Vishal Yadav Alias Chulbul vs State Of U.P. And 2 Others
2018 Latest Caselaw 623 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12603 of 2018
 
Petitioner :- Vishal Yadav Alias Chulbul
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dhirendra Kumar Srivastava
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri D.K.Srivastava, learned counsel for the petitioner, 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 19.4.2018, registered as case crime No.47 of 2018, under Sections 392/411 I.P.C., Police Station Dhanapur, District Chandauli.

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 submits that the allegations levelled against the petitioner is absolutely false, frivolous and baseless. He next argued that the co-accused Rahul Yadav and Sunil Yadav alias Bakatu have already been enlarged on bail by the competent court. From a perusal of the FIR, no offence is made out against the petitioner, 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 petitioner.

However, the Court below is directed to consider the aforesaid fact while considering the bail application of the petitioner.

With the aforesaid observation, the present writ petition stands disposed of.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 17.5.2018/NS