Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6125 of 2021 Petitioner :- Rajesh Jaiswal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhil Ranjan Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying to quash the impugned first information report No.0208/21, dated 19.06.2021, under Sections 406, 506 I.P.C. P.S. - Gorakhnath, District - Gorakhpur.
Learned counsel for the petitioners submits that on identical allegations the husband of the informant respondent no.4 has earlier lodged a first information report No.0180/2020, dated 21.05.2020, under Sections 406, 420 and 506 I.P.C.
P.S. - Gorakhnath, District - Gorakhpur, therefore, the impugned subsequent first information report being a second FIR on the same set of facts, deserves to be quashed.
Learned A.G.A. submits that both the aforesaid first information reports. are not identical. The impugned first information report was lodged by one Maneesha Prajapati, daughter of Ganesh Prajapati resident of Ajad Nagar Colony, Gorakhanath, District - Gorakhpur, in which she alleged a payment of Rs.9 lacs through Axis Bank on 04.12.2018 and Rs. 9 lacs through HDFC Bank on 07.12.2018 by RTGS whereas the first information report no.0180/20, dated 21.05.2020 discloses that it was lodged by one Shyam Kumar son of Moolchand resident of Nathmalpur, 602, P.S. Gorakhnath, District - Gorakhpur in which allegation of payment of Rs. 9 lacs + 9 lacs +15 lacs +4.34 lacs + 0.66 lacs through RTGS has been made. The amount shown in the impugned first information report is Rs.18 lacs whereas the amount shown in the other first information report dated 21.05.2020 is Rs.38 lacs which both have been lodged by two different persons.
Learned counsels for the petitioners submits that the informant - respondent no.4 is the wife of the informant of the earlier first information report dated 21.05.2020. No documentary evidence has been filed alongwith the writ petition to show that the informant of the present writ petition is the wife of Shyam Kumar son of Moolchand resident of Nathmalpur, 602, P.S. Gorakhnath, District - Gorakhpur. Besides this, the amount mentioned in the impugned first information report dated 19.06.2021 is Rs.18 lacs whereas the amount mentioned in the earlier first information report dated 21.05.2020, is Rs.38 lacs. Thus, we do not find any substance in the submissions of learned counsel for the petitioners.
No other point has been argued before us.
For all the reasons aforestated, the writ petition is dismissed, leaving it open for the petitioners to apply for bail/anticipatory bail in accordance with law and as permissible under law.
It is made clear that any of the observations made in the body of this order shall not be treated as adverse to the petitioners either in trial or while deciding the bail application.
Order Date :- 12.8.2021/vkg