Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25813 of 2019 Petitioner :- Jitendra Kumar Varshney Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.,Akshaya Kumar
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; Sri Akshaya Kumar for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 07.12.2019 registered as Case Crime No. 0519 of 2019 at P.S. Chandausi, District- Sambhal, under Sections 147, 457, 323, 504, 506, 420, 406, 392 I.P.C.
The allegations made in the impugned first information report are to the effect that by misrepresenting that the accused had a huge work contract for execution which would result in profits deposits were invited and large sums of money amounting to Rs. 63,000,00/- was taken from the informant whereas only Rs. 4,80,000/- was returned. It is also alleged that, on 06.12.2019, the accused misbehaved with the informant and assaulted him as also snatched away his gold chain.
The contention of the learned counsel for the petitioner is that the petitioner had supplied Sand to the informant and the money advanced stood adjusted against the sand supplied and partial return was in cash.
The learned counsel for the respondent no.3 has disputed the aforesaid statement.
The documents which have been brought on record are mere computer generated accounts without annexing any receipt showing supply and delivery to the informant, as alleged.
Under the circumstances, all the aforesaid aspects 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 or anticipatory bail, as may be advised.
Order Date :- 18.12.2019 Sunil Kr Tiwari