Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2151 of 2021 Petitioner :- Ashu Khan Saifi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Asheesh Kumar Tiwari Counsel for Respondent :- G.A.,Mohammad Faisal Khan Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; respondent no.3, in person; and perused the record.
The instant petition seeks quashing of the first information report dated 16.01.2020 registered as Case Crime No. 0022 of 2020 at P.S. Loni, District- Gaziabad, under Sections 406, 420, 504, 506 I.P.C.
The allegation in the impugned first information report is in respect of receiving money under false promise of ensuring delivery of car but, thereafter, neither the car was delivered nor the money returned and, when demand was raised, threats were extended to the respondent no.3.
As the allegations disclose commission of cognizable offences and there is no denial that there has been transfer of money to the account of the petitioners, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage, as the matter would require investigation.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 7.4.2021 Kushal