Ravendra Kumar @ Ravendra Tivari v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8993 of 2023 Petitioner :- Ravendra Kumar @ Ravendra Tivari Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Sudhir Kumar,Jagjeevan Prasad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed with the following main prayer:- "issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned first information report lodged by the Opposite Party No.4 on 08.11.2023 vide Case Crime No.0321 of 2023, Under Section: 328, 377, 380, 506 Indian Penal Code, lodged at Police Station-Safipur, District: Unnao, as contained in Annexure No.1 to this writ petition." It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. It is only a question of enmity arising out of rivalry, as they are actors in a Raamleela. Learned A.G.A. has opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned F.I.R., therefore, the present writ petition is liable to be dismissed. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence by 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 F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed. Order Date :- 24.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench