Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4434 of 2019 Petitioner :- Rakesh Alok Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 9.7.2018, registered as Case Crime No. 0883 of 2018, under Sections 406, 420, 409, 467, 468, 471 IPC at P.S. Baradari, District Bareilly.
The impugned FIR alleges that a company namely M/s Sree Ganga Infracity Private Ltd was floated by the accused, who are named in the FIR, thereafter, they collected huge sum of money from public, upon false promise of good returns, and swindled it.
Petitioner has sought quashing of the FIR by claiming that the petitioner is not named in the FIR and that there is no material collected against the petitioner which may suggest his involvement; and, in fact, the petitioner himself was one of the investors in the company.
Upon consideration of the submissions made, this Court on 18.2.2019 had passed the following order:
"The allegation in the impugned first information report is that money invested by several persons have been swindled by the accused persons and they have also absconded. The first information report has been lodged against eight persons, who are stated to be associated with M/s Ganga Infracity Private Ltd.
The case of the petitioner is that the petitioner is one of the duped investors and without any cogent material, the police (Crime Branch, Bareilly) has moved an application before the Magistrate for obtaining non-bailable warrants against the petitioner.
The application moved by the police is at page 105 of the paper book, which does not disclose the material that has come to light against the petitioner.
In view of the above, we deem it appropriate to require the learned AGA to seek instructions as regards the material against the petitioner on the basis of which he has been shown wanted in Case Crime No. 883/18 at P.S. Baradari, District Bareilly.
List this case on 27.02.2019.
Let a copy of this order be supplied to learned AGA for compliance. "
Learned AGA has filed a counter affidavit of the Investigating Officer stating that against several persons charge sheet has been submitted; and against few investigation is pending. In so far as the petitioner is concerned, during course of investigation, a list was recovered, in which the name of the petitioner figures at Sl No. 45, suggesting that he had accepted deposits from 52 depositors and had collected Rs. 2,28,30,000/-. It is stated that the above material has been entered in the case diary Parcha no. 30. Extract of which has been brought on record through the counter affidavit.
Learned counsel for the petitioners has sought to challenge the material on the basis of which the petitioner is being implicated in the above case.
It is well settled that at the stage of investigation, the reliability and acceptability of the material collected during the course of investigation by the Investigating officer, is not to be tested in writ jurisdiction. Though, it is open to the accused to challenge the reliability and acceptability of the material in appropriate jurisdiction, after submission of the police report.
In view of above, no case for interference is made out.
The writ petition is dismissed. Petitioner is at liberty to apply for bail.
Order Date :- 27.2.2019 RavindraKSingh