Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24182 of 2019 Petitioner :- Chandra Kesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 25.10.2019 registered as Case Crime No. 0225 of 2019 at P.S. Dhebrua, District Siddharth Nagar, U/s 409 I.P.C.
The contention of the learned counsel for the petitioner is that though the allegations may disclose commission of cognizable offence but it has not been spelt out in the first information report as to how the petitioner would be responsible for the commission of the said offence.
From the first information report, it appears that the impugned F.I.R. was lodged after some enquiry and a charge-sheet was drawn in connection with departmental enquiry.
Since the allegations are to the effect that Rs. 19,84,922/- have been misappropriated, the matter would have to be investigated. Hence, 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 or anticipatory bail, as may be advised.
Order Date :- 26.11.2019 Saurabh