Akanksha Shakya Chandra and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9288 of 2023 Petitioner :- Akanksha Shakya Chandra And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Pankaj Prasoon,Gayatri Abhyasi,Parashu Ram Kanaujia Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners, learned A.G.A. who appears on behalf of the State Respondents and Sri Shailender Singh Chauhan, Advocate who has filed his vakalatnama on behalf of the Opposite Party No.5, which is taken on record.

¶2This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned first information report dated

28.10.2023, registered against the petitioners as Case Crime No:0561/2023, under section 409, 420, 506 IPC at Police Station Vibhuti Khand, Gomti Nagar, Lucknow in the interest of justice. II. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not interfere in the peaceful life and personal liberty of the petitioners in any manner in the interest of justice."

¶3Learned counsel for the petitioners says that they are also victims as they have also invested money in 'Erected Spire Private Limited', but they have been made accused alongwith Preeti Singh, Ashutosh Singh and Mukesh Kumar who are the Directors of the Company. Ashutosh Singh and Mukesh Kumar, the Directors of the Company had motivated the petitioners and convinced them to work with them and in lieu thereof the petitioners were offered interesting Commissions, bonuses and dividends. The petitioners had no role to play in cheating, if any, done by the Directors of 'Erected Spire Private Limited' with their investors.

¶4Learned counsel appearing on behalf of the opposite party no.5 has pointed out that the petitioners have admitted that they were instrumented in getting several investors to invest in 'Erected Spire Private Limited' which was running a ponzy scheme only for the benefit of commissions, bonuses and dividends that the company was offering them to lure such investors. The petitioners are equally responsible.

¶5It has also been submitted that nearly Rs.25,00,00,000/- have been gobbled up by the Directors of the Company and the petitioners are also the beneficiary as they may be getting commissions, bonuses and dividends due to such investments of poor and honest people.

¶6This Court finds no good ground to interference in the impugned F.I.R.

¶7The writ petition is dismissed. Order Date :- 7.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench