Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16082 of 2019 Petitioner :- Sukhveer Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Kumar Pushkar Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Upendra Kkumar Pushkar, learned counsel for the petitioners, Sri Om Shankar Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 01.03.2019, registered as Case Crime No. 139 of 2019, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station Banna Devi, District Aligarh.
Learned counsel for the petitioners has submitted that the petitioners were agent in the financial company and not the owner/manager of the same. They are simply collecting funds on behalf of the company. The main accused are the owner/manager of the company. The petitioners have been falsely implicated in the present case. The petitioners have no previous criminal history to their credit, hence, the first information report is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR and has stated that the present case involves big financial scam as from perusal of first information report, it is clear that the informant has got assurance from the accused-petitioners that if he deposits Rs. 1000/- every month till six years, he would get Rs. 1,17, 000/- and later on the said amount was not given by the said company in which the accused-petitioners were also involved.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
Order Date :- 10.6.2019/sailesh