Akash vs State Of U.P. And 2 Others
2018 Latest Caselaw 880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13471 of 2018
 
Petitioner :- Akash
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sunil Kumar Upadhyay
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Upadhyay, learned counsel for the petitioner, Sri A.K.Sand, 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 9.5.2018, registered as case crime No.443 of 2018, under Section 380 I.P.C., Police Station Majhola, District Moradabad.

Learned counsel for the petitioner submits that the petitioner is a student of Engineering and he has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is neighbour of respondent no.3 and some quarrel took place between them regarding throwing of dust, on account of which he has been falsely implicated in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. 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 and submitted that the petitioner has committed theft in the house of an old lady aged about 92 years and FIR has been lodged by her neighbour 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 :- 24.5.2018/NS