AVANISH @ TAINA Vs. STATE OF U P AND 02 OTHERS
LAWS(ALL)-2018-4-311
HIGH COURT OF ALLAHABAD
Decided on April 02,2018

Avanish @ Taina Appellant
VERSUS
State Of U P And 02 Others Respondents

JUDGEMENT

- (1.) Heard Sri P.P.S.Rathore, 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..
(2.) The relief sought in this petition is for quashing of the F.I.R. dated? 24.12.2017 registered as Case Crime No.596 of 2017, under Sections 379, 342 I.P.C., Police Station Aonla, District Bareilly. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and and his name has come into light in the confessional statement of the co-accused, namely, Sadhu Yadav who is his real brother and who is confined in jail. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out out against the petitioner, hence, the same be quashed.
(3.) 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.;


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