Rakesh Kumar Gupta Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:102947-DB

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 3644 of 2023

Petitioner :- Rakesh Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Kumar Counsel for Respondent :- G.A.,Gaurav Kumar Shukla

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

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The instant petition seeks quashing of the impugned F.I.R. dated 12.02.2023 giving rise to Case Crime No. 0031 of 2023, under Sections 419, 420, 467, 468, 471, 406, 506 IPC, Police Station Purani Basti, District Basti.

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The contention of learned counsel for the petitioner is that the dispute raised by the FIR is of a cheque having bounced which dispute is liable to be resolved by means of proceedings under Section 138 of the N.I. Act.

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Learned AGA has submitted that money has been transferred to the account of the petitioner, which is established by the account details. The petitioner has furnished to the informant an appointment letter, which is part of the case diary. This appointment letter purports to have been issued by the Advocate General Office. It is also submitted that no such selection, in fact, ever took place.

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In view of the above and the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

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The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail

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Order Date :- 12.5.2023 Mayank

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Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad

Rakesh Kumar Gupta v. State of U.P. and 3 Others

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Rakesh Kumar Gupta v. State of U.P. and 3 Others

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