Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7276 of 2021 Petitioner :- Ashwani Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvanand Pandey,Ravindra Kumar Tripathi,Sr. Advocate U.K. Saxena Counsel for Respondent :- G.A.,Awadhesh Kumar Malviya
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri U.K. Saxena learned Senior Advocate assisted by Sri Sarvanand Pandey, learned counsel for the petitioner, Sri AK Malviya, learned counsel for the respondent-complainant and learned AGA for the State.
By means of the present writ petition, the petitioner is seeking quashing of the first information report dated 04.08.2021 registered as Case Crime No.1878 of 2021 under Sections 420, 467, 468, 471, 323 and 120B IPC, P.S.- Indirapuram, District- Ghaziabad.
It is sought to be submitted by the learned Senior Advocate that the partnership between the petitioner and the respondent- complainant had been dissolved in the year 2017 and the entire 50% share of the respondent-complainant had been settled at that point of time. The balance sheet and the dissolution deed appended with the writ petition have been placed before the Court to assert that the allegations in the first information report are false. It is contended that the entire money received by the petitioner towards refund of the allotment money from UP Awas Vikas Parishad, Ghaziabad had been adjusted while making payment of 50% of share to the respondent-complainant herein.
Considering the said submissions, we may note that the specific allegations in the first information report are that the respondent-complainant came to know about the refund on getting information from the UP Awas Vikas Parishad, Ghaziabad on an application moved under RTI Act dated 28.07.2020. When he made enquiry on receipt of the said information regarding refund of the allotment money, it was transpired that the petitioner herein had received the allotment money by making forged signature of the respondent- complainant.
Looking to the stand of the rival parties, we cannot accept the submission of the counsel for the petitioner regarding adjustment of the entire refunded money received from the UP Awas Vikas Parishad, Ghaziabad. Even otherwise, the allegations are of forgery in the signature of the respondent- complainant, which has to be examined by the Investigating Officer. The merits of the allegations cannot be investigated by this Court within the scope of an Article 226 of the Constitution of India. Any interference at this stage may impede speedy investigation.
In the aforesaid, we do not find any merit in the petition, we accordingly dismissed.
Before parting with the case, at this stage, we may record that the learned counsel for the petitioner states that the petitioner has submitted entire papers and his statement has been recorded before the Investigating Officer. The learned counsel for the petitioner prays for a direction to expedite the investigation.
We hope and trust that the Investigating officer shall make an endeavour to bring the investigation to its logical conclusion in an expeditious manner.
Order Date :- 20.9.2021 Priya