Fakaroo Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Fakaroo Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR refused; petition finally disposed of with directions that if the petitioner appears and surrenders before the court below within 60 days and applies for bail/anticipatory bail, the bail/anticipatory bail prayer shall be considered per Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)); coercive action to follow on failure to appear; no further time for surrender.

Issue for consideration

Whether the FIR dated 21.06.2025 in Case Crime No. 306 of 2025 (Sections 318(4), 338, 336(3), 340(2) BNS; Sections 66-C and 66-D IT (Amendment) Act, 2008; P.S. Goverdhan, District Mathura) is illegal and invalid and liable to be quashed, as contended to disclose no offence and to have been instituted mala fide for harassment.

Ratio / Principle

On perusal of the material on record, at this stage it cannot be said that no offence is made out against the petitioner; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by this Court under Article 226 of the Constitution of India.

Key takeaways

At this stage only a prima facie case is to be seen, in the light of the law laid down by the Supreme Court in R.P. Kapur, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd.ratio¶¶9
The prayer for quashing the FIR of the aforesaid case is refused.ratio¶¶10
In view of the entirety of facts and circumstances, it is directed that if the petitioner appears and surrenders before the court below within 60 days and applies for bail/anticipatory bail, his prayer for bail/anticipatory bail shall be considered and decided per the settled law in Amrawati (2004 (57) ALR 290) and Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)).

Detailed headnote1 paragraphs

Allahabad High Court (DB, Court No. 47; Siddharth, J. & Avnish Saxena, J.; neutral citation 2025:AHC:112164-DB; order dated 14.7.2025) — Criminal Misc. Writ Petition No. 13757 of 2025 (Fakaroo v. State of U.P. & 2 Ors.). Writ petition under Article 226 sought quashing of FIR dated 21.06.2025 in Case Crime No. 306 of 2025, Sections 318(4), 338, 336(3), 340(2) BNS and Sections 66-C, 66-D IT (Amendment) Act, 2008, P.S. Goverdhan, District Mathura, alleging disclosure of no offence and mala fide institution for harassment. Court held the submissions involved disputed questions of fact not adjudicable under Article 226; at this stage only a prima facie assessment per R.P. Kapur (A.I.R. 1960 S.C. 866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical (2005 SCC (Cr.) 283) was required. Prayer for quashing refused. Protective directions: petitioner to appear and surrender before the court below within 60 days and apply for bail/anticipatory bail, to be considered per this Court's settled law in Amrawati (2004 (57) ALR 290) and the Apex Court's judgment in Lal Kamlendra Pratap Singh (2009 (3) ADJ 322 (SC)); failing appearance within the period, coercive action to be taken; no further time to be granted for surrender. Petition finally disposed of.

Neutral Citation No. - 2025:AHC:112164-DB

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 13757 of 2025

Petitioner :- Fakaroo Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.

Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 21.06.2025 lodged in Case Crime No. 306 of 2025, under Sections- 318(4), 338, 336(3), 340(2) of B.N.S. and Section 66-C and 66-D of Information & Technology (Amendment) Act, 2008, Police Station- Goverdhan, DistrictMathura.

The contention of learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the petitioner involves factual disputes and appraisal of evidence.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

The prayer for quashing the FIR of the aforesaid case is refused.

However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner appears and surrenders before the court below within 60 days from today and applies for bail/anticipatory bail, his prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

With the aforesaid directions, this petition is finally disposed of.

However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above.

Order Date :- 14.7.2025 Abhishek Sri.

(Avnish Saxena,J.) ( Siddharth,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad