Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5451 of 2019 Petitioner :- Anoop Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Karan Yadav 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 State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 28.1.2019, registered as Case Crime No. 0055 of 2019, under Sections 419, 420, 406 IPC at P.S. Kotwali Nagar, District Banda.
Allegation in the FIR is that the petitioner has collected money from the various customers but did not deposit or account for the same, and thereby embezzled a sum of Rs. 8,48,502.88.
Learned counsel for the petitioner has contended that as and when the money was received the same was deposited and, therefore, the allegations are false.
It is well settled that defence of the accused is not ordinarily to be considered in writ jurisdiction while considering a prayer for quashing of the FIR because, at this stage, allegations made in the FIR are to be taken on their face value.
In view of above, the prayer of the petitioner to quash the FIR is not acceptable. Petitioner is at liberty to apply for bail.
With aforesaid observation, the petition stands disposed off.
Order Date :- 28.2.2019 RavindraKSingh