Partly allowed

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

Allahabad HC22 Aug 2024CRLP/4123/2024

Case brief

AI extract

What is this about?

Perjured resignation letter case involving forgery and cheating. The High Court found the FIR's narrative implausible due to lack of DIN despite the alleged offense occurring before DIN became mandatory. Petition allowed with interim arrest prohibition.

What did the court decide?

Petition to quash allowed with interim order holding no arrest of petitioner till next date; orders for filing affidavit.

Hariom vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4123 of 2024

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Petitioner :- Hariom

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ramakar Shukla,Amar Singh Counsel for Respondent :- G.A.,Vishnu Dev Shukla

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State as well as learned counsel for the informant/respondent No.4 and perused the record.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 29.05.2024, bearing Case Crime/F.I.R. No.0306/2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Akbarpur, District Ambedkar Nagar.

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The allegation against the petitioner is that forged resignation letter of the informant as director of the company was prepared in the year 2000 by him, which the informant came to know in the year 2017, which is not possible, as in the meanwhile the provisions with regard to the compulsory obtaining of Director's Identification Number for every director came into force. Respondent No.4/informant has nowhere indicated that he ever obtained any such Director's Identification number. Hence, the entire story is concocted. Learned counsel for the petitioner further submits that even the Registrar of the Companies has rejected the representation of the petitioner to the said effect.

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In the given circumstances, case for consideration is made out.

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Let the counter affidavit be filed by the State and the Caveator within a period of two weeks. Two weeks' time thereafter is granted to the petitioner to submit rejoinder affidavit.

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List thereafter.

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In view of the above, it is provided that till the next date of listing petitioner - Hariom, shall not be arrested in pursuance to the impugned First Information Report dated 29.05.2024, bearing Case Crime/F.I.R. No.0306/2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Akbarpur, District

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Ambedkar Nagar, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. He shall get his statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Order Date :- 13.6.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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