The High Court dismissed a petition seeking quashing of an FIR alleging a fraudulent deposit scheme. The court held that allegations against a large mass requiring investigation precluded quashing despite the petitioner's claim of a civil dispute.
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. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 7717 of 2020
Petitioner :- Ajay R-Mishra @ Babaloo Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Roy,Imran Ullah,Vikas Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 10th December, 2020 registered as Case Crime No.637 of 2019, under Sections 419, 420, 406 and 506 IPC at Police Station Baragaon, District Varanasi.
The allegations in the impugned first information report are that the accused persons were running a scheme under which they accepted deposits from people under false promise of providing motorcycle/vehicles. The allegation is that under those false promise money was transferred to HDFC Bank account no.50100249613717 of the petitioner.
The contention of learned counsel for the petitioner is that assuming that money was transferred to the account of the petitioner it only discloses a civil dispute between the parties and as part amount has been repaid by the petitioner to the informant, the first information report should be quashed.
Be that as it may, as the allegations disclose running of a scheme and accepting deposits from a large mass of persons, the matter would have to be investigated and therefore, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 24.8.2020. Rks.
2 issues framed by the court
Whether the FIR disclosing a scheme to accept deposits from people under false promise can be quashed leaving a civil dispute.
Whether the acceptance of deposits from a large mass of persons necessitates investigation preventing quashing of the FIR.
1 provisions across 1 enactments
Ajay R-Mishra @ Babaloo
State Of U.P.
2 Others
Manoj Misra
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
