Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5060 of 2019 Petitioner :- Manoj Kumar Gupta And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Tripathi,Santosh Kumar Pandey 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 State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 18.01.2019 registered as Case Crime No.0046 of 2019, under Sections 420, 406 and 506 I.P.C., Police Station Hari Parwat, District Agra.
The allegation in the impugned FIR is that the accused persons had collected money from various investors and have absconded. It is also alleged that the accused threatened the investors when demand was raised for refund of money.
Learned counsel for the petitioners has not been able to demonstrate that the accused held any permission/authority from a competent authority for collection of money from public. The statement in paragraph 8 of the petition is that the petitioners name has fraudulently been used by one Dharmendra Kumar Lahariya.
It is well settled that ordinarily the defence of the accused is not to be considered at this stage, while considering a prayer to quash the FIR and the consequential investigation.
Under the circumstances, the FIR, which discloses commission of cognizable offence, cannot be quashed.
The petition is dismissed.
The petitioners are at liberty to apply for bail.
Order Date :- 25.2.2019 Ajeet