In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3756 of 2021 Petitioner :- Manoj Kannan Respondent :- State of U.P. and Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present petition has been filed seeking for quashing of the First Information Report dated 15.3.2021 in Case Crime No.147 of 2021 under Section 420 and 406 I.P.C P.S.-Banna Devi District-Aligarh with an interim prayer to issue an ad-interim mandamus commanding the respondents not to arrest the petitioner pursuant to the First Information Report.
It is submitted by the learned counsel for the petitioner that no cause of action has arisen in the territory of India for lodging complaint on the allegations made in the First Information Report and the offence under Section 420 and 406 I.P.C as alleged in the F.I.R are not made out.
The contention is that the petitioner is an employee of the company namely Green Mint PTE Ltd 3 Raffles Place 08-01B Bharat Building Singapore 048617 of which the respondent no.5 is the Managing Director. The said company is based at Singapore and the petitioner is also posted at Singapore.
Submission, thus, is that the police authorities of P.S.-Banna Devi District-Aligarh do not have jurisdiction to make the investigation.
Testing this submission of learned counsel for the petitioner, it may be noted that the categorical assertion in the complaint are of the transaction of money through Cheque no.151326 in Account no.0720147146 of M/s Indian Bank which is stated to be the account of a relative of the petitioner and the allegations are that by means of the said cheque, money of the aforesaid company had been transferred by the petitioner who is an employee of the company.
In view of the said allegations, the contention of learned counsel for the petitioner on the plea of the jurisdiction cannot be entertained. As far as the F.I.R in-question is concerned, the same has been lodged by the father of the Managing Director of the Company-in-question who has been authorised to lodge the First Information Report.
The petitioner is under obligation to participate in the investigation. As far as the interim prayer made by the learned counsel for the petitioner, there is no imminent threat of arrest and, moreover, the petitioner, at present, is not residing in India. It is though stated by the learned counsel for the petitioner that the petitioner is a Non-resident Indian but his permanent address in India has not been given in the array of parties.
For all the aforesaid reasons, prayer made by the learned counsel for the petitioner for grant of protection to the petitioner is, hereby rejected. Even on merits of the allegations, the F.I.R cannot be quashed.
The writ petition is, accordingly, dismissed.
Order Date :- 21.5.2021 Harshita Digitally signed by Justice Sunita Agarwal Date: 2021.05.25 11:22:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.05.25 11:23:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad