The petition for quashing an FIR under Sections 420, 406, 468, and 471 IPC alleging cheating and forgery was dismissed. The court held that the FIR disclosed a cognizable offence and required full investigation to identify all involved parties.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 2969 of 2020
Petitioner :- Ankit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard the learned counsel for the petitioner, the learned A.G.A. for the respondents 1, 2 and 3 and perused the record.
The instant petition seeks quashing of the first information report dated 29.09.2019 registered as Case Crime No.0345 of 2019, under Sections 420, 406, 468, 471 I.P.C. at Police Station Naugawa Sadat, District Jyotiba Phule Nagar/Amroha.
The impugned first information report has been lodged against Ankit Kumar (the petitioner) alleging that Rs.15 lakhs were charged for procuring service in railways and in lieu thereof forged service related documents were provided.
The contention of the learned counsel for the petitioner is that from the tenor of the first informant report it appears that the father of the petitioner was paid the money whereas the petitioner has been implicated by alleging that he is in league with his father.
Be that as it may, once the impugned first information report discloses commission of cognizable offence, the investigation would have to be carried out and brought to its logical conclusion so as to find out as to who all are involved in the crime. Hence, as the allegations disclose commission of cognizable offence, the prayer to quash the first informant report cannot be accepted.
The petition is, therefore, dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 26.8.2020 Rahul.
1 issue framed by the court
Whether the First Information Report discloses a cognizable offence causing loss of Rs. 15 lakhs and warrants investigation beyond quashing.
Ankit Kumar
State Of U.P.
Manoj Misra
Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
