Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Mirza Shariq Aziz, learned counsel for the petitioner, Smt. Smiti Sahay, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
The instant writ petition has been filed by the petitioner- Mohd. Furqan Ahsan for the following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 21.07.2020 (Annexure No.1); the entire subsequent proceedings qua the petitioner/accused (U/s 406 & 420 of the IPC), before the learned Judicial Magistrate (Ayodhya Prakran), Lucknow arising out of F.I.R. No.302/2020, U/s 406 & 420 of the IPC, PS- Mahanagar, District Lucknow.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly opposite party no.2 not to arrest the petitioner on the basis of impugned FIR dated 21.07.2020 lodged by opposite party no.3 FIR No.302/2020, U/S 406 & 420 of the IPC, PS- Mahanagar, District Lucknow."
Learned counsel for petitioner submits that the petitioner was a partner with the co-accused Mohd. Shahid of M/s India Homes, which runs the business of properties, a copy of partnership deed is annexed as Annexure No.3 to the writ petition. He further submits that it is apparent from the partnership deed that the co-accused Mohd. Shahid was responsible for day to day business. So far as the petitioner is concerned, he had no role to play in the Company in question, who had cheated the private respondent. He further submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the F.I.R. She further submits that there is specific allegation levelled against the petitioner that he along with other co-accused person cheated an amount of Rs.1,67,10,529/- from the complainant/respondent no.4 and also the impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 17.8.2021 Shubhankar