Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5049 of 2019 Petitioner :- Ankit Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for the respondent nos. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.02.2019 registered as Case Crime No. 0103 of 2019 at Police Station Ijjat Nagar, District Bareilly, under Section 381 IPC.
The allegation in the impugned first information report is to the effect that the petitioner worked as an employee of the informant; that he committed various irregularities which the informant overlooked upon promise that he would not repeat but, later, it was discovered, when he left, that there was a short fall in goods, valued Rs. 70,000/-.
Learned counsel for the petitioner has submitted that there was a dispute as regards salary and when a demand was made, the impugned first information report has been lodged. It has also been submitted that there is no specific allegation as to what item has been stolen.
There is no evidence to show that notice of demand was allegedly served upon the informant. Even dispatch receipt of notice is not on record. Further, it is well settled that FIR need not be an encyclopedia of all the facts. It is expected that the informant would be required to give the details of the goods found missing, if any.
Under the circumstances, looking to the nature of the allegations, no case for interference is made out.
The petition is dismissed. The petitioner is at liberty to apply for bail, if so advised.
Order Date :- 25.2.2019 Lbm/-