Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25901 of 2019 Petitioner :- Ashwani Kumar Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Rana 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 24th October, 2019 registered as Case Crime No.313 of 2019, under Sections 420, 467, 468 and 471 IPC at Police Station Pallavpuram, District Meerut.
The allegation in the impugned first information report is that there is a construction company which was developing colony. The main accused, namely, Shyam Sunder, was earlier a director, who was removed. It is alleged that he in collusion with the petitioner issued bogus cash receipts and documents to set up claim against the company even though the money was never deposited in company account.
The contention of learned counsel for the petitioner is that the petitioner is an allottee and because the petitioner along with other allottees have set up a case against the informant company, the instant first information report has been lodged as a counter blast.
Whether the allegations are true or false would have to be determined on the basis of material collected during the course of investigation. It is well settled that the correctness of the allegations is not to be tested in the writ jurisdiction, particularly, when the investigation is pending.
Even otherwise, when a specific query was put to the learned counsel for the petitioner as to whether the petitioner had made payment for allotment by cheque, the learned counsel for the petitioner could not tell whether the payment was made by cheque. Rather, he stated that the same might have been made by cash.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would require investigation and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019. Rks.