Partly allowed

Ashutosh Sharma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC18 Jan 2024CRLP/343/2024

Case brief

AI extract

What is this about?

Petitioner employees sought quashing of an FIR alleging fraud, claiming they had no role in the acts of company directors. The Court prima facie granted interim protection against arrest subject to cooperation with investigation and issued notice.

What did the court decide?

Stay on arrest of petitioners with conditions to cooperate with investigation and appear if called; notice to respondent.

Ashutosh Sharma and Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 343 of 2024

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Petitioner :- Ashutosh Sharma And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Abhishek Srivastava,Mohemmed Amir Naqvi

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Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioners and learned AGA for State-respondents.

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The present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the first information report dated 23.12.2023 at Case Crime No.0248 of 2023 under Sections 406, 409, 420, 504, 506 IPC at Police Station Vikas Nagar, District Lucknow and with a further prayer to stay the arrest of the petitioners.

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It has been submitted by learned counsel for the petitioners that all the petitioners are employees of a company by the name of NOVENA Enterprises Private Limited, whose Directors are Shantanu Shrivastava, Subhash Chand Bose and Madhuri Srivastava. It has been submitted that the allegation is mainly levelled against the Directors that they have fooled several businessmen including the informant Saurabh Agrawal into believing that they will make available branded goods manufactured by other companies at very reasonable rates to such businessmen and also took advance money. When the said small and medium scale businessmen tried to persuade the Directors of the company to return their money as no goods have been supplied to them, they threatened the businessmen and thereafter switched off their phones.

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It has been further submitted by learned counsel for the petitioners that the petitioners are mere employees and they have no role in any fraudulent activities as alleged to have been carried out by the Directors of NOVENA Enterprises Private Limited.

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This Court, having gone through the impugned FIR, prima facie finds that the petitioners are entitled to interim protection as they are employees only.

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Issue notice to respondent no. 3, returnable at an early date.

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Steps be taken within a week.

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Let a counter affidavit be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 28th February, 2024 .

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioners, namely, Ashutosh Sharma, Mahvish Zaidi, Megha Pandey, Chetan Gulati, Kasif Siddiqui adn Ambesh Mishra, in pursuance of the impugned F.I.R. shall remain stayed, of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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Order Date :- 18.1.2024

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Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashutosh Sharma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Ashutosh Sharma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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