Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25891 of 2019 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Gosain Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 10th August, 2018 registered as Case Crime No.0539 of 2018, under Sections 467, 468, 419, 420, 406, 409, 471, 120-B and 34 IPC at Police Station Sigra, District Varanasi.
The allegation in the impugned first information report, which has been lodged by a bank officer of HDFC Bank, is to the effect that a number of loan accounts were opened in the bank, loan was obtained and within two days the loan amount was diverted into the account of two persons, namely, Rishabh Mishra and Pankaj Shukla. The petitioner is named in the first information report as one of the persons who had obtained the loan.
The contention of learned counsel for the petitioner is that the petitioner is borrower; that he will have to face liability; that he is himself the victim of fraud; and that since the loan amount has been diverted into the account of Rishabh Mishra and Pankaj Shukla, no offence could be said to have been committed by the petitioner.
The aforesaid contention of learned counsel for the petitioner is misconceived because the first information report has been registered by invoking the provisions of Section 120-B IPC. In the first information report the allegations are that the petitioner is in collusion with other accused.
Under the circumstances, whether the petitioner is innocent or not that would be tested on the basis of material collected during the course of investigation.
As a prima facie case is made out against the petitioner, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019. Rks.