Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioners and learned AGA for the State through Video Conferencing.
By means of this writ petition the petitioners have assailed the FIR registered as FIR No. 0080 of 2021 under Sections 406, 409, 504, 506 IPC at Police Station Hazratganj, District Lucknow.
It is submitted that the FIR was initially registered under Sections 406, 504, 506 IPC IPC, however, Section 409 IPC has come to be registered later on during the course of investigation.
Learned counsel for the petitioners has submitted that the petitioners are not concerned with the Company namely Jai Shakti Realcon Pvt, Ltd. in any manner barring for the fact that some of the family members are directors of the said company. It is further submitted that once the petitioners are not part and parcel of the Company, their implication under Section 409 IPC is wholly baseless and unfounded.
We have carefully gone through the contents of the FIR. The impugned FIR, prima-facie, does make out a cognizable offence against the petitioners for the offences alleged therein but a protection under Section 41 -A Cr.P.C is available to them.
For delving into the fact as to whether the offence under Section 409 IPC is made out against the petitioners or not, it is not open to us to go into the evidence as may be available to the petitioners at this stage. It is open to the petitioners to avail the remedy of anticipatory bail within a period of ten days from today. In case, the petitioners fail to avail the remedy of anticipatory bail within the aforesaid period, the prosecution shall be at liberty to proceed against them in accordance with the law.
The writ petition is accordingly disposed of.
Order Date :- 26.5.2021 Shahnaz