Rajesh Kumar v. State of U.P. Thru. Secy. Ministry of Home Affairs Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8258 of 2023 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Lko. And Others Counsel for Petitioner :- Asif Akhtar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This petition has been filed praying the following main reliefs:- "(i) To issue a writ order or directions in the nature of Certiorari for quashing the First information report lodged at. crime no. 425 of 2023 under section 406/419/420 467/468/471/ 504 I.P.C registered at Police station Zaidpur Distt Barabanki on 7.10.2023 lodged by the opposite party no.4 as contained in annexure no. 1 to this writ petition.

(ii) To issue a writ order or directions in the nature of Mandamus commanding the opposite parties no.2 and 3 not to arrest the petitioner on the basis of the impugned FIR lodged at crime no. 425 of 2023 under section 406/419/420 467/468/471/ 504 LP.C registered at e Police station Zaidpur Distt Barabanki on 7.10.2023 lodged by the opposite party no.4 as contained in annexure no. 1 to this writ petition" It has been submitted by the learned counsel for the petitioner that the petitioner is only the driver and no amount has been deposited in his bank account. We have seen the First Information Report and of the opinion that this is a case of financial fraud. This Court finds the allegations made are, prima facie disclosing the cognizable offences. This Court, therefore, finds no ground to show interference. The writ petition is, accordingly, dismissed. Order Date :- 19.10.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench