High Court dismissed a Criminal Miscellaneous Writ Petition seeking quashing of an F.I.R. alleging cheating and criminal breach of trust, holding that the FIR disclosed a cognizable offence and quashing would impede investigation.
Petition for quashing of First Information Report dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4420 of 2021
Petitioner :- Jabir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anupam Dubey Counsel for Respondent :- G.A.,Mahendra Pratap
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioners are seeking quashing of the first information report dated 26.03.2021 registered as Case Crime No.329 of 2021, under Sections 420, 406, 452, 506 I.P.C., P.S.- Sihani Gate, District- Ghaziabad.
Having perused the allegations in the first information report and the material on record which clearly makes it evident that the petitioners herein were under obligation to return the part of the sale consideration received by them from the complainant and that the suit filed by the complainant had been decided in terms of the compromise signed by the petitioners herein, we do not find any good ground to entertain the writ petition.
The assertions of the learned counsel for the petitioners that the blank cheques given by the petitioners are still in possession of the complainant and the cheques of the year 2021 as indicated in the first information report had never been given to the complainant, cannot be examined within the scope of Article 226 of the Constitution of India, as it is within the jurisdiction of the Investigating Officer to find out the truth of the allegations.
From a perusal of the first information report, it cannot be said that it does not disclose the commission of the cognizable offence. Any interference at this stage may impede the speedy investigation.
The writ petition is, thus, found devoid of merit and, hence, dismissed .
Order Date :- 27.9.2021 Radhika
Digitally signed by SUNITA Digitally signed by Sadhna Rani AGARWAL Thakur Date: 2021.09.30 10:11:38 IST Date: 2021.09.30 10:13:25 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether First Information Report disclosing cognizable offence should be quashed at this stage.
Whether mere assertion that cheques were never given falls within scope of Article 226.
Jabir
State of U.P.
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
