Modalavalasa Kishore Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4382 of 2023 Petitioner :- Modalavalasa Kishore Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Ashok Kumar Singh,Ashish Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Hon'ble Umesh Chandra Sharma,J. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed challenging F.I.R. dated 24.3.2023 No. 35 of 2023, under Section 409 & 420 I.P.C., Police Station-Gaisadi, District-Barmapur. Learned counsel for the petitioner submits that the F.I.R. has been lodged on mere suspicious transactions which could not have been done. On the other hand learned A.G.A. submits that the petitioner has admitted the transfer of amounts as per his remarks filed by the petitioner as annexure no.3. Perusal of the annexure no.3 indicates that the petitioner has not denied the transactions. However, in regard to some of the transactions he has stated that transfers have been made with the consent of the customers. However, in regard to some of the transfers he could not give any proper explanation. In view of above, this Court is of the view that no case for interference is made out under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. Order Date :- 5.6.2023 S.Verma High Court of Judicature at Allahabad, Lucknow Bench