Allahabad High Court
Kallu Ram vs State Of U.P.Through Prin.Secy.Home & ... on 20 January, 2020
Bench: Anil Kumar, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 1441 of 2020 Petitioner :- Kallu Ram Respondent :- State Of U.P.Through Prin.Secy.Home & Others. Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for petitioner, learned AGA and perused the record.
The writ petition has been filed by the petitioner for quashing of the impugned F.I.R. dated 30.09.2019, lodged by the respondent No. 4 vide Case Crime No. 162/2019, under Section - 436, 413, 420, 336, 285, 286 I.P.C & Section - 5, 9B Explosive Act, Police Station - Hathigawan, District - Pratapgarh against the petitioner.
After hearing learned counsel for the parties and going through the records, from the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out against the petitioner, so the relief as claimed by the petitioner in the present petition cannot be granted under Article 226 of the Constitution of India. (See: State of Harayana and others Vs. Bhajan Lal and others, AIR 1992 SC 604; State of Bihar and another Vs. Md. Khalique and another, 2002 (1) SCC 652 and Girish Kumar Suneja Vs. Central Bureau of Investigation, (2017) 14 SCC 809.
In the result, writ petition lacks merit and is dismissed.
(Virendra Kumar Srivastava, J.) (Anil Kumar, J.) Order Date :- 20.1.2020 Ravi/