Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3728 of 2021 Petitioner :- Manoj Kumar Mohanti And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Nigam,Nirvikalp Pandey Counsel for Respondent :- G.A.,Rajesh Kumar
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 28th March, 2021 registered as Case Crime No.123 of 2021, under Sections 420, 467, 468, 471, 120-B, 504 and 506 IPC at Police Station Shahganj, District Agra.
The allegations made in the impugned first information report disclose commission of cognizable offences inasmuch as it is alleged that by extending false promise of job at the New International Airport coming up at Navi Mumbai, money was taken from innocent people and, after a false show of recruitment process including interviews, false appointment letters were issued. It is also alleged that there is voice recording of the petitioner no.1 made in connection with talks relating to return of money.
The contention of learned counsel for the petitioners is that the petitioners are innocent and they have been falsely implicated.
Be that as it may, as the allegations disclose commission of cognizable offence, the matter would have to be investigated and therefore the prayer to quash the first information report cannot be accepted at this stage. Further, whether there is sufficient material against the petitioners or not cannot be determined at this stage because it is well settled that the first information report need not be an encyclopedia containing all the details. Once a first information report discloses commission of cognizable offence, necessary material can be collected during the course of investigation.
In view of the above, the prayer of the petitioners to quash the first information report, which discloses commission of cognizable offence, cannot be accepted.
The writ petition is therefore dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 25.5.2021. Rks.