Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2999 of 2021 Petitioner :- Praveen Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
We have heard learned counsel for the petitioner and learned A.G.A. for the State through video conferencing.
By way of this petition under Article 226 of the Constitution of India, 1950, the petitioner who is one of the co-accused has requested for quashment of the FIR dated 08.07.2017 in Case Crime No.976 of 2017 under Sections 420, 467, 468, 471, 323, 504, 506, 120-B IPC, P.S. Sihani Gate, District Ghaziabad and has alternatively prayed that he should not be arrested.
It is submitted that the company in which his name is shown, he was not a Director when the FIR was lodged. It is further submitted that in a similar matter, co-accused Pranab Kumar Banerjee has been granted stay of arrest till the submission of police report under Section 173(2) Cr.P.C. vide order dated 03.05.2019 in Criminal Misc. Writ Petition No. 11799 of 2019. A copy of this order is annexed as Annexure-3 to the writ petition.
Earlier this Bench in case of co-accused has refused to quash the F.I.R., the order is at page-19 to this petition. The Apex Court recently in the the case of Niharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others, LL 2021 SC 211, has stated that once the High Court decides, it cannot quash the FIR without giving ample reasons, "however" order cannot be passed.
The petitioner may move for getting himself released on bail which is his right. The F.I.R. cannot be said to be not disclosing any offence as from the document annexed to this petition the date mentioned in the FIR as to when the offence has been committed when the petitioner was the Director.
In view of the above, the writ petition is dismissed.
Order Date :- 13.5.2021 Ashish Pd.