Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3612 of 2021 Petitioner :- Sushil Pratap Singh Lodhi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 28.02.2021 registered as Case Crime No.211 of 2021, under Section 420, 408 IPC, P.S. Kotwali Nagar, District Etah.
The impugned first information report has been lodged by Regional Branch Manager of Bajaj Finance Limited against the petitioner. The allegation is that the accused had responsibility to collect the installment from borrowers and, out of the installment so collected by him, he has not made deposit in total of Rs.9,31,519/-.
The case of the petitioner is that his ID has been misused/hacked by other employee of the bank and responsibility has been fastened on the petitioner.
Whether the ID of the petitioner has been misused/hacked is a question of fact which would have to be determined on the basis of material collected during the course of investigation. At this stage, the defence of the petitioner cannot be accepted to quash the impugned FIR at the threshold.
As the allegation made in the impugned first information report, prima faice, discloses commission of cognizable offence, 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 :- 24.5.2021 AKShukla/-