Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.
By means of the present petition the petitioner has assailed the FIR registered vide case crime no.0199/2019, under Section - 409 IPC, police station - Vibhuti Khand, District - Lucknow.
Learned Additional Government Advocate opposing the maintainability of the present writ petition has submitted that the contents of the FIR make out a cognizable offence against the petitioner as such there is no scope for an interference in exercise of the writ jurisdiction of this Court.
Learned counsel for the petitioner on the other hand has submitted that the FIR has been lodged simply to harass the petitioner and is with an oblique motive. It is also submitted that the petitioner was working merely as an employee, as such, her role is situated on a different footing as assigned to the co-accused person namely Neelam Verma and Others who were the Directors of the Company.
On a careful consideration of the FIR we are not convinced with the submissions put forth by the learned counsel for the petitioner. Once contents of the FIR make out prima-facie a cognizable offence, any interference under Article 226 of the Constitution of India is impermissible in view of the law laid down by the Hon'ble Supreme Court in the case of State of Haryana and Others versus Bhajan Lal and Other, AIR 1992 SC 604; State of Bihar and Another versus Md. Khalique and Another, 2002 (1) SCC 652 and Girish Kumar Suneja versus Central Bureau of Investigation (2017) 14 SCC 809.
The writ petition is dismissed without prejudice to the remedy of anticipatory bail under Section 438 CrPC available to the petitioner.
Order Date :- 15.4.2021 mks