The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court held that with a charge-sheet submitted and an accused absconding, there was no ground for quashing or interfering with the investigation.
Quashing of the FIR was rejected; liberty to apply for bail was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10406 of 2019
Petitioner :- Usha Rani Biswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the impugned First Information Report dated 26.09.2016, registered as Case Crime No.0702 of 2016, under Sections 420, 406, 120B I.P.C, Police Station Kasna, Noida, District Gautam Budh Nagar.
A perusal of the record would reveal that the impugned first information report was lodged naming Rakesh Chad Raout and Smt. Namita Bastret in respect of financial irregularities in the institution. The allegations were that funds of the institution were defalcated and the accused built a huge house.
It appears that the petitioner is sister of Rakesh Chad Raout, who is one of the named accused in the first information report. Petitioner's husband is stated to be helping the main accused and is stated to have been arrested.
The learned counsel for the petitioner has submitted that the police, after investigation, has submitted a charge-sheet against Smt. Namita Bastret, whereas the co-accused Rakesh Chad Raout is absconding and investigation against him is stated to be pending and proceedings under Section 82 Cr.P.C. have also been initiated.
It further appears that the husband of the petitioner was apprehended on the charge of conspiracy and was let out on bail by order dated 26.03.2019.
The learned counsel for the petitioner has urged that the petitioner is being unnecessarily harassed only because she happens to be the sister of the absconding accused Rakesh Chad Raout.
Be that as it may, if the petitioner is wanted in a case then the
appropriate course for the petitioner is to surrender and apply for bail.
But since the impugned first information report discloses commission of cognizable offence and one of the accused, who is brother of the petitioner, is reported to be absconding, we do not find any good reason to quash the impugned first information report or to interfere with the investigation, particularly, when charge-sheet has already been submitted against one of the named accused.
The petition is dismissed with liberty to the petitioner to apply for bail if she is wanted in the case.
Order Date :- 29.4.2019 m.a.
1 issue framed by the court
Whether the First Information Report disclosing a cognizable offence and an absconding accused warrants quashing of the same under Article 226.
Usha Rani Biswal
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
