Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3848 of 2021 Petitioner :- Ajay Kumar Sain And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Nandini Mishra,Ashish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.376 of 2021, under Sections 406, 452, 323, 504, 506 IPC & Section 3(2)(5) S.C./S.T.
Act, P.S. Vijay Nagar, District Ghaziabad, with a further prayer to stay their arrest during pendency of investigation of the said case.
The allegation in the impugned F.I.R. is that petitioner no.1 was friendly to the complainant; that his father, petitioner no.2 was in service of BSNL; that he took a sum of Rs.10 lakhs from the complainant for getting a job in BSNL; that he failed to get a job for the complainant; that now he is refusing to return the money. It is also alleged that certain small amount was refunded by cheque and RTGS but major sum has still been retained by the accused persons. The allegation is that they had succeeded in extracting a sum of Rs.10 lakhs from the petitioners by making fraudulent representations that they would procure a job for him in BSNL. It is also alleged that on 23.1.2021 (wrongly typed as 23.7.2021) the petitioners came to the house of the first informant and had beaten him and also hurled caste related abuses.
Learned counsel for the petitioners submitted that the impugned F.I.R. is a counterblast, as the petitioners have also filed a complaint against the first informant; that despite money having been returned to him, which they claim to have taken as loan, he is not returning the cheque issued in his favour.
Having regard to the allegations made in the F.I.R. and the material brought on record, we do not find it a fit case where the F.I.R. could be quashed, as it clearly discloses commission of a cognizable offence.
The petition lacks merit and is dismissed with liberty reserved in favour of the petitioners to apply for bail, if so advised and in which event, the same shall be decided expeditiously without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2021 SL Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 13:02:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 13:02:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad