Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34551 of 2018 Petitioner :- Saurabh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and Additional Government Advocate for the State.
Writ petition has been filed for quashing the F.I.R. dated 25.08.2018 registered as case crime no. 563 of 2018 under Sections 420,465,467,468,471,504 and 506 I.P.. Police Station Kotwali Dehat, District Saharanpur.
A perusal of the F.I.R. indicates that in substance,it has been stated that the petitioner gave an understanding to the informant that there was one vacancy and that he can be appointed and he got arranged meeting of the informant with Sanjay Kumar, who assured appointment for sum of Rs. 2,50,000/- out of which initially Rs. one lac was given to Sanjay Kumar and later on when the informant was given joining letter, he gave sum of Rs. 90,000/- to Sanjay Kumar at the handing over of appointment letter. Later on, it was found that the appointment letter was forged. When the informant contacted Sanjay Kumar then two cheques for sum of Rs.1,90,000 were handed over to the informant. When the said two cheques were sent to the concerned banks for encashment,the same were dishonoured. In the present case, Offence cannot be ruled out merely on the ground that the money was taken by Sanjay Kumar and the same was returned by Sanjay Kumar particularly when there is no false representation.No relief can be granted to the petitioner. The prayer for quashing of F.I.R. is refused.
However, it is directed that in case the petitioner appears and surrender before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
In the result, the writ petition is disposed of finally.
Order Date :- 30.11.2018 aks