Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2191 of 2019 Petitioner :- Jagat Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Shankar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 02.01.2019 registered as Case Crime No. 0003 of 2019 at P.S. Civil Line, District Budaun, under Sections 420, 409 I.P.C.
The petition is the Godown Incharge.
The allegation is that there is a shortfall in fertilizers stored in the Godown of the value of Rs. 2,89,93,717/-. Although the petitioner has been named in the first information report but there are other persons also whose complicity is also disclosed in the FIR.
The contention of the learned counsel for the petitioner is that he is not exclusively responsible and he has been falsely implicated.
It is not denied by the petitioner that he is a Storekeeper. Rather it is admitted in paragraph 15 of the petition that he is a Storekeeper.
Under the circumstances, in the event of shortfall, prima facie, responsibility is of the Storekeeper. Therefore the petitioner cannot say that the first information report makes out no case against the petitioner.
The petition is dismissed.
Order Date :- 31.1.2019 Sunil Kr Tiwari