Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25900 of 2019 Petitioner :- Anju Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suved Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 12th August, 2013 registered as Case Crime No.981 of 2013, under Sections 419, 420, 467, 468, 471, 120-B, 204, 217 and 409 IPC and Section 13(1)D read with Section 13(2) Anti Corruption Act, 1988 at Police Station Subhash Nagar, District Bareilly.
The allegation in the impugned first information report is in respect of preparing and utilizing a forged transfer order to avail benefits.
The case of the petitioner is that beneficiary of the order appears to be one Anju Gupta whereas the petitioner is Anju Agarwal and she is being unnecessarily harassed.
The impugned first information report was registered in the year 2013 therefore it is quite possible that evidence may have been collected by now to disclose as to who is guilty of the offence. Under the circumstances, the appropriate course for the petitioner is to surrender and apply for identification. But, on the grounds taken, the prayer of the petitioner to quash the first information report which, clearly discloses commission of cognizable offences, cannot be accepted.
Subject to above, the petition is dismissed. Order Date :- 19.12.2019.
Rks.