Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State through Video Conferencing.
By means of this writ petition, the petitioners assail the F.I.R. registered against them vide F.I.R./Case Crime No. 0014 of 2021, under Sections 406, 409, 420, 323, 504, 506 I.P.C. and Section 3 (2)(v) of SC/ST Act, Police Station- Gomti Nagar Vistar, District- Lucknow East.
Learned counsel for the petitioners at the very outset has invited attention of this Court to an order passed in Writ Petition No. 4197 (M/B) of 2021 on 11.2.2021 and prayed for the same protection in favour of the petitioners who are co-accused persons in the same very case.
On a perusal of the order passed by this Court and the material placed on record, it is gathered that the case of the petitioners is not situated on the same footing as compared to the accused person in Writ Petition No. 4197 (M/B) of 2021. The F.I.R. also alleges certain financial transactions having taken place in the accounts of the company of which the petitioners are Directors. Once, the role of the petitioners is separable and definite, it cannot be said that the contents of the F.I.R. do not make out a cognizable offence. Once cognizable offence is, prima facie, made out from the plain reading of the F.I.R., interference under Article 226 of the Constitution of India is impermissible in view of the law laid down by the Hon'ble Apex Court in the case of State of Harayana and others Vs. Bhajan Lal and other, 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.
The writ petition is, accordingly, dismissed without prejudice to the remedy of anticipatory bail available to the petitioners under Section 438 Cr.P.C.
(Rajeev Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 12.4.2021 Vikas/-