Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25876 of 2019 Petitioner :- Umesh Prajapati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; 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 17.08.2019 registered as Case Crime No.300 of 2019, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, P.S. Premnagar, District Jhansi.
The allegations in the impugned first information report are to the effect that the accused claiming themselves as owners of G.C.A. Marketing Pvt. Ltd., by assuring good returns on the deposit made, collected money from the informant and issued fix deposit receipt but the money so deposited was not returned and when the informant demanded the money back, she was threatened.
The contention of the learned counsel for the petitioners is that from the allegations it appears that the money was deposited by the son of the informant acting as agent of the company and, in fact, he had also received commission for such deposit. It has been contended that the petitioners have no concern with the company that allegedly accepted the deposit and the allegations against them are nothing but false.
It is well settled that correctness of the allegations is not to be tested in writ jurisdiction as they would depend upon the material collected during the course of investigation and the evidence led in trial.
Under the circumstances, the prayer of the petitioners to quash the first information report cannot be accepted. The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 19.12.2019 AKShukla/-