Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25884 of 2019 Petitioner :- Rohit Agrawal(Employee Of Company) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Divya Ojha,Rajesh Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 21.10.2019 registered as Case Crime No.268 of 2019, under Sections 406, 420, 504, 506 IPC, P.S. Purani Basti, District Basti.
The allegations in the impugned first information report are to the effect that security money of Rs.10,00,000/- was taken from the informant on promise of regular supply of products manufactured by company of the accused. But after supply of paltry amount, neither supply was made nor security money was returned. When demand was made, cheques were issued which got dishonoured and threats were also extended.
The contention of the learned counsel for the petitioner is that being an employee in the company, the petitioner by itself would not be responsible for the offence.
Whether the company is a bogus company or a running company; whether the petitioner was responsible for making false promises, as alleged, are all aspects to be determined on the basis of material collected during the course of investigation. Hence, the prayer 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 or anticipatory bail, as may be advised.
Order Date :- 19.12.2019 AKShukla/-