Sohit Raghav v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18696 of 2023 Petitioner :- Sohit Raghav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Pandey,Nikil Pathak,Sunil Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the parties. This petition has been filed challenging the first information report dated

19.05.2022 registered as case crime no.225 of 2022 under sections 420, 406, 506, 467, 468, 464, 471 IPC, P.S. Dhaulana, District Hapur. It appears that after investigation, section 467, 468 and 471 IPC has also been added. Learned counsel for the petitioner submits that the allegations made in the FIR are absolutely false and the petitioner's account has been credited much after the incident. It is also submitted that this is a case of false implication. We have perused the FIR which clearly contains allegations with regard to receiving of eight lacs rupees in the account of the petitioner for providing employment in the Indian Army and, thereafter, furnishing fraudulent documents of appointment. Whether these allegations are correct or not, are aspects to be examined at the stage of investigation. Since prima-facie allegations with regard to commissioning of cognizable offence is clearly disclosed, we decline the prayer made in the writ petition to quash the FIR and the writ petition is dismissed, accordingly. Order Date :- 7.12.2023 C. MANI High Court of Judicature at Allahabad