The court dismissed the petition quashing an FIR regarding illegal vehicle sale. It held that allegations suggest organized crime requiring investigation before concluding no offence was disclosed.
Petition disposed off; petitioners at liberty to apply for bail if wanted in the case.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11877 of 2019
Petitioner :- Ajay Dubey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 04.03.2019 registered as Case Crime No.137 of 2019, under Sections 420, 406 IPC, P.S. Transport Nagar, District Meerut.
The allegation in the impugned first information report is that the police received credible information about illegal sale and purchase of vehicles. They arrived at the spot, found three persons sitting inside a vehicle and three outsides discussing about sale and purchase of vehicle. When police swung into action, people standing outside escaped and those sitting inside were apprehended. The petitioners are amongst those who are stated to have escaped. The apprehended accused disclosed that they get vehicle purchased, on 10% down payment, in the name of poor persons. Thereafter in collusion with Bankers, Financiers, etc. they sell off those vehicles by forging and fabricating documents at cheap rates. It is alleged that they confessed about their plan to sell off such vehicles.
The case of the petitioners is that the allegations disclose only a stage of preparation to commit an offence and does not disclose commission of any specific offence as it has not come on record that there existed any report of bank officials/finance companies from which it could be inferred that there had been a fraud, as narrated in the first information report. It has next been submitted that the petitioner's complicity has come to light on the confessional statement which has very little evidenciary value.
As the impugned first information report discloses a large scale fraudulent activity, the matter would require investigation with reference to instances recited and, therefore, at this stage, it cannot be said that the first information report discloses no offence and, therefore, calls for no investigation.
Whether the petitioners are involved in such a crime or not would depend upon the material collected during the course of investigation and, therefore, merely on the ground that the complicity of the petitioners has surfaced on confessional statement, it cannot be said no investigation is called for against the petitioners.
Considering the nature of the allegations, which is suggestive of large scale organized crime, we do not find it to be a fit case for interference in writ jurisdiction, at this stage, particularly, when there is no allegation of mala fide against the police. In case the petitioners are wanted in the above case, they are at liberty to apply for bail.
With the aforesaid liberty, the petition is disposed off .
Order Date :- 3.5.2019 AKShukla/-
2 issues framed by the court
Whether the First Information Report disclosing large-scale fraudulent activity in illegal vehicle sale calls for investigation and whether it discloses a cognizable offence.
Whether the writ petition seeking quashing of the FIR is maintainable at this stage.
Ajay Dubey And Another
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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