Petitioner sought quashing of an FIR alleging embezzlement of public funds. The court, relying on a preliminary enquiry report indicating involvement, held that a prima facie case existed and dismissed the writ petition.
Quashing of the first information report dated 03.08.2021 applied for in Case Crime no.183 of 2021 is denied.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7992 of 2021
Petitioner :- Shri Krishna Kumar Sonkar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioners seek for quashing of the first information report dated 03.08.2021 in Case Crime no.183 of 2021 under Section 406, 409, 420 IPC, Police Station- Lalauli, District Fatehpur.
A perusal of the first information report indicates that the first information report had been lodged after making a preliminary enquiry into the matter of embezzlement of public fund.
The copy of the preliminary enquiry has been filed alongwith the report lodged by the District panchayat Raj Officer under the order passed by the District Magistrate, Fatehpur.
In the said scenario, it is not possible for the Court to accept that no prima facie case is made out with regard to the alleged involvement of the petitioner in the embezzlement/misappropriation of public fund.
For the aforesaid, no case is made out for quashing of the first information report.
The writ petition is, accordingly, dismissed.
Order Date :- 30.9.2021 Himanshu
1 issue framed by the court
Whether there is no prima facie case for quashing of the FIR in light of a preliminary enquiry report indicating embezzlement of public funds.
3 provisions across 1 enactments
Krishna Kumar Sonkar
State Of U.P.
6 Others
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
