Allahabad High Court
Sudesh Mohan (In F.I.R. Suresh Mohan ) vs State Of U.P. Thru. Prin. Secy. Home ... on 24 March, 2023
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 2198 of 2023 Petitioner :- Sudesh Mohan (In F.I.R. Suresh Mohan ) Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Vaibhav Srivastava, learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Sudesh Mohan (in F.I.R. Suresh Mohan), seeking a writ of certiorari to quash the impugned F.I.R. dated 12.03.2023 registered as F.I.R./Case Crime No.0220 of 2023, under Sections 119, 167, 506 I.P.C., Police Station Kotwali Nagar, District Gonda with a further prayer to stay the arrest of the petitioner in pursuance of the impugned F.I.R.
Learned counsel for petitioner submits that petitioner is working as Clerk in Electricity Department and he is on the verge of retirement i.e. on 30.06.2023. He further submits that petitioner is innocent and he has been falsely implicated in the present case with malafide intention. He next submits that impugned F.I.R. has been lodged against the petitioner just for harassment with oblique motive, hence, the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that the petitioner is named in the F.I.R. He further submits that specific allegation of taking illegal extortion and fraud has been levelled against the petitioner. He further submits that offence in question are bailable one. He further submits that the impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Narendra Kumar Johari, J.) (Ramesh Sinha, J.) Order Date :- 24.3.2023 Shubhankar