Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3325 of 2021 Petitioner :- Seema Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Shukla Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the FIR dated 28.10.2020 registered as Case Crime No.0902 of 2020, under sections 419, 420, 406, 467, 468, 471 & 120-B IPC, P.S. Chakeri, District Kanpur Nagar, with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for petitioners submits that main allegation of taking money has been made against Jai Vijay Singh by the informant. Petitioner no.1 is sister, petitioner no.2 is brother-in- law, petitioner no.3 is nephew and petitioner no.4 is father of Jai Vijay Singh due to which they have been falsely implicated in the present case. Neither petitioners have received any money from the informant nor are concerned with alleged occurrence. They have falsely been implicated in the present case. There is no cogent evidence against the petitioners to connect them with the alleged offence.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that in F.I.R. it has been mentioned that accused Jai Vijay Singh took Rs.4,50,000/- from the informant to provide Government service. The amount was deposited in four bank accounts which were provided by Jai Vijay Singh. It has also been mentioned that petitioners and other named accused are also involved in the alleged offence. In this case the investigation is going on and from the allegations made in the FIR prima facie a cognizable offence is made out against the petitioners, therefore, the impugned FIR is not liable to be quashed.
The petitioners are named in F.I.R. The F.I.R. has been lodged against 15 named and 8 unknown persons. Jai Vijay Singh is the family member of petitioners and as per F.I.R. Rs.4,50,000/- were transferred by the informant in four bank accounts provided by Jai Vijay Singh. The assurance to provide Government service was given by Jai Vijay Singh. In F.I.R. it has also been mentioned that petitioners are also involved in this offence. From the allegations made in F.I.R., it cannot be said that no cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 20.5.2021 Kpy