By way of the present writ application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (for short ‘FIR’) of Marhaura P.S. Case No. 316 of 2015 dated 25.08.2015 registered under Sections 189, 186 and 353 of the Indian Penal Code (for short ‘IPC’).

2. It is submitted by the learned counsel for the petitioner that offences punishable under Sections 189 and 186 of the IPC are non-cognizable offences and in the light of allegations made in the FIR, the ingredients of the offence punishable under Section 353 of the IPC are not attracted. Advancing his argument, learned counsel for the petitioner has submitted that in a non-cognizable offence, no FIR can be instituted, unless there is a direction in this regard by a court of Magistrate.

3. Mr. Jitendra Kumar, learned assistant counsel to AAG-14 appearing on behalf of the State submits that the allegations made in the FIR do attract ingredients of a cognizable offence.

4. I have heard respective counsel for the parties and perused the FIR.

5. The informant of the present case is Circle Officer-cum- Executive Officer of Nagar Panchayat, Marhaura, District