Allahabad High Court
Rajesh Kumar @ Rajesh Kumar Sagar vs State Of U.P. And 2 Others on 17 June, 2020
Bench: Ramesh Sinha, Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5395 of 2020 Petitioner :- Rajesh Kumar @ Rajesh Kumar Sagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Dwivjendra Prasad, learned counsel for the petitioner, Sri Vikas Sahai, 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 15.6.2019 registered as Case Crime No. 140 of 2019 under sections 420, 467, 468, 471 I.P.C., police station Pilua, District Etah.
Learned counsel for the petitioner submits that the petitioner is posted as Lekhpal. He submits that the irregularities committed in the revenue record was on the basis of mutation done by the earlier Lekhpal and the petitioner has no role to play in the commission of the offence in question, hence the impugned F.I.R. against the petitioner is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submits that the petitioner along with earlier Lekhpal was made accused in the present case and as per the statement of the concerned persons the involvement of the petitioner is apparent on the face of it.
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.
However, the petitioner will be at liberty to move appropriate application for anticipatory bail before the competent court, if so desire.
Order Date :- 17.6.2020 Shiraz