Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1264 of 2019 Petitioner :- Kaushik Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharique Ahmed 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.05.2018 which has been registered as Case Crime No. 83 of 2018, under Sections 419, 420, 467, 468 and 120-B I.P.C., P.S. Dumariyaganj, District Siddharth Nagar.
The allegation in the first information report is to the effect that the accused, by forging documents, got a KCC limit sanctioned in the name of the informant and when the informant came to know about it, he made queries and found that all documents were forged. It is alleged that such KCC limit was got sanctioned in collusion with and in conspiracy with the bank officials.
It appears that during the course of investigation, when the complicity of the petitioner came to light, the Investigating Officer obtained a non- bailable warrant against the petitioner.
The petitioner, upon issuance of non-bailable warrant against him, has petitioned this Court by claiming that only for a brief period the petitioner was posted at the branch concerned and currently the petitioner is posted at Bangalore and there is no cogent evidence against the petitioner.
Whether there is cogent evidence against the petitioner or not cannot be tested at this stage. What would have to be seen is the extent to which the petitioner had been responsible in opening of KCC limit on the basis of forged documents and whether the petitioner had been in collusion with other offenders.
All the aforesaid aspects are factual and would have to be ascertained on the basis of material collected during investigation. But since it is a case of bank fraud, it would not be appropriate for us to interfere with the investigation.
The petition is dismissed.
Order Date :- 21.1.2019 Sunil Kr Tiwari