- Court
- High Court of Judicature at Allahabad
- Decided
- 31 October 2023
- Case no.
- CRLP 16237/2023
Judgment
Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16237 of 2023 Petitioner :- Nikhil Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh,Vijay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
¶1Heard Sri Vijay Kumar Mishra, learned counsel for the petitioner and Sri Vivek Shukla, State Law Officer for the State respondents.
¶2The relief sought in this petition is for quashing of the F.I.R. dated 15.08.2023, registered as Case Crime No. 385 of 2023, under Sections 420, 467, 468, 471, 406, 120B IPC and 66D Information Technology (Amendment) Act, 2008, Police Station Hari Parwat, District Nagar (Commissionerate Agra). Further prayer has been made not to arrest the petitioner in the aforesaid case.
¶3Submission of learned counsel for the petitioner is that petitioner was working in Max Life Insurance Company and he is not involved in the alleged offence of committing forgery by getting amount in his account and as such cognizable offence has not been made out.
¶4Learned AGA submits that subsequently amount of Rs. 24 lakhs and odd was deposited by him in the company and it is clear that cognizable offence has been made out wherein several persons are involved regarding commission of offence in respect of more than Rs. 3 crores.
¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
¶6Thus, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
¶7The writ petition is dismissed. Order Date :- 1.11.2023 Ujjawal High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.