Petitioner sought writ to quash an FIR under Sections 395, 427 IPC. The court observed no case was made out and refused intervention under Article 226, dismissing the petition.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1852 of 2018
Petitioner :- Mohammad Najir Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- S.M. Nazir Abbas Abedi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR bearing Case Crime No.152 of 2016, pending investigation at Police Station Mobarakpur, District Azamgarh for the offences punishable under Sections 395, 427 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India. Further no case too for staying the arrest of the petitioner is made out.
Petition stands dismissed.
Order Date :- 30.1.2018
pk
(Ashok Kumar,J.) (Govind Mathur,J.)
Mohammad Najir
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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