Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4278 of 2019 Petitioner :- Kripawati (Asha) And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; 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 30.12.2018 registered as Case Crime No. 0163 of 2018, under Sections419, 420 IPC, P.S. Jamalpur, District Mirzapur.
The allegations in the First Information Report is that the petitioners are fraudulently collecting money from innocent persons under Beti Bachao Abhiyan by promising that if they make investment they shall get good returns. It has been alleged that there is no such scheme and people have been duped to make such deposits.
Learned counsel for the petitioner sought to argue that there are various societies in the form of non-governmental organisation (N.G.O.) that are encouraging deposits in the name of daughter born in the family and the amount is invested with insurance companies like PNB Met Life which appreciates over a period of time and, therefore, the act of the petitioners is a valid and legal act and no offence can be said to have been committed.
We have been taken through certain documents to show that donations have been accepted to deposit premium of PNB Met Life. However, we do not find that the donation receipts match with premium deposit receipts which have been brought on record. Even otherwise, the aforesaid contention of the learned counsel for the petitioners is a matter of defence which have to be established by leading of evidence.
At this stage, it cannot be said that the impugned First Information Report discloses commission of no offence.
Under the circumstances, we decline to quash the First Information Report as prayed for and deem it appropriate to dispose of this petition by providing that the petitioners are at liberty to produce the documents before the Investigating Officer of the above case to demonstrate that they are running N.G.Os., which are authorized to accept money and deposit with appropriate bodies such as Bank, Insurance Companies, etc. to enable decent returns to a common man. The petitioners are also at liberty to apply for bail, if so advised.
It is made clear that we have not expressed any opinion on the merits of the allegation made in the FIR or on the merits of the defence taken.
The petition stands disposed off. Order Date :- 25.2.2019 Md Faisal