This criminal miscellaneous writ petition sought quashing of an FIR under Section 482 Cr.P.C. and Article 226 of the Constitution. The court held the FIR disclosed a cognizable offence and, consequently, dismissed the petition for lack of merit.
No interference with the FIR; no interim relief granted; petition dismissed.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13260 of 2018
Petitioner :- Faeem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mazhar Ullah Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mazhar Ullah, 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 13.5.2018 registered as Case Crime No. 0285 of 2018, under Sections 411, 467, 468, 471 I.P.C. and Section 41, 102 Cr.P.C., police station Swar, District Rampur.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to 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.
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 the FIR disclosing cognizable offence is liable to be quashed under Article 226 of the Constitution of India.
3 provisions across 3 enactments
Faeem
State Of U.P.
2 Others
Dinesh Kumar Singh-I
Ramesh Sinha
As recorded by the court registry
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