The Constitution Bench examined a writ petition seeking quashing of an FIR. Holding that the FIR discloses a cognizable offense against the petitioner, the court refused interference under Article 226 and dismissed the petition.
The prayer for quashing of the FIR was dismissed as the FIR discloses a cognizable offence.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13251 of 2018
Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bharat Singh, learned counsel for the petitioner, Sri Irshad Hussain, 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 22.3.2018 registered as Case Crime No. 0232 of 2018, under Sections 409, 420, 467, 468, 471, 120B I.P.C., police station Civil Line, District Moradabad.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR but his named first appeared during the course of investigation. It has been further submitted that the co-accused persons have already been granted interim protection by this Court in Criminal Misc. Writ Petition No.11318 of 2018.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and the co-accused were granted interim protection on the ground that they were ladies.
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 :- 22.5.2018/Deepika
1 issue framed by the court
Whether to quash the FIR registered under Sections 409, 420, 467, 468, 471, and 120B IPC citing that the petitioner is not named in it.
2 provisions across 2 enactments
Sunil Kumar
State Of U.P.
2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
