Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7150 of 2021 Petitioner :- Rahul Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Singh,Lal Mani Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
By means of the present petition, the petitioner herein seeks for quashing of the First Information Report dated 26.06.2020 registered as Case Crime No.458 of 2020 under Sections 420, 406, 504, 506 I.P.C & Section 3(2)(v) S.C/S.T Act P.S-Kotwali Nagar District-Banda.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated by naming him in the first information report dated 26.6.2020. The business transactions of the complainant with the co-accused cannot be examined within the scope of Article 226 of the Constitution of India, in as much as, the merits or demerits of the allegations in the F.I.R cannot be ascertained.
From a perusal of the first information report, it cannot be said that it does not disclose the commission of cognizable offence.
Any interference, at this stage, may impede the speedy investigation.
The writ petition is, accordingly, dismissed. Order Date :- 21.9.2021 Harshita