The High Court dismissed the writ petition seeking quashing of a First Information Report. It held that since cognizable offences of financial embezzlement are disclosed prima facie, the FIR could not be quashed under established Supreme Court precedents.
Prayer for quashing the F.I.R. is declined.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2722 of 2022
Petitioner :- Sarita Kesarwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virpratap Singh,Rajat Agarwal,Sharda Prasad Mishra.
Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Although the First Information Report in the present writ petition has initially been lodged under Section 420, 406 and 506 IPC in case Crime No.0445 of 2021, Police Station-Civil Lines, District-Moradabad, but learned A.G.A. informs that subsequently on account of materials collected during the course of investigation Section 409 IPC has been added against the accused persons in the matter, which prescribes punishment for life or ten years.
Learned counsel for the petitioner states that the writ petition filed by coaccused Ajay Kumar yadav and another being Criminal Misc. Writ Petition No.2454 of 2022 has been dismissed with the observations that in the event provisions of Section 41-A Cr.P.C. are attracted, the concerned authority shall ensure compliance of it.
This order however cannot be passed in the present writ petition as the investigating authority has already added Section 409 IPC in the matter.
We have perused the First Information Report which contains the specific allegations of accepting the deposits from public at large and running away with huge funds to the tune of rupees five crores. Serious allegations of financial embezzlement are made against the company and its agents which includes the present petitioner. To what extent is the role of the petitioner in the matter is an aspect to be determined at the stage of investigation / trial. Since, prima facie, allegations with regard to commissioning of cognizable offence is disclosed in the F.I.R., we would not be justified in interfering with the first information report in view of the law laid down by Hon'ble Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 .
Prayer for quashing the F.I.R. is declined and the writ petition is, accordingly, dismissed.
Order Date :- 29.3.2022 Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.03.29 16:54:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court is justified in quashing the First Investigation Report given the prima facie allegations of cognizable offence disclosed therein.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶9
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and OthersReferred¶9
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
2 provisions across 1 enactments
Sarita Kesarwani
State Of U.P.
3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
