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Anil Kumar Jain And 2 Others vs State Of U.P. And 2 Others on 23 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 47

Case :- CRIMINAL MISC. WRIT PETITION No. – 158 of 2020

Petitioner :- Anil Kumar Jain And 2 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Ashvni Mishra

Counsel for Respondent :- G.A.

Hon’ble Manoj Misra,J.

Hon’ble Deepak Verma,J.

Supplementary affidavit has been filed today by Sri Ashvni Mishra, learned counsel for the petitioners, which is taken on record.

Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.

The instant petition seeks quashing of the first information report dated 19.07.2019 registered as Case Crime No.412 of 2019, under Sections 420, 406, 506 I.P.C., P.S. Civil Lines, District Aligarh.

The allegations in the impugned first information report are to the effect that the informant had been in a business relationship with the accused and they had been making a settlement of the account on six monthly basis. The allegation is that during the course of settlement of the account, it was found that Rs.5 lacs credit of the informant’s firm was not shown and, despite demand, that credit was not provided and, in fact, the informant was threatened by the accused.

The contention of the learned counsel for the petitioners is that from a bare reading of the first information report it appears that the parties had been in a long standing business relationship and, therefore, an offence punishable under Section 420 I.P.C. is not made out. In so far as the offence punishable under Section 406 I.P.C. is concerned, as it is not a case that there had been any entrustment, the same is also not made. It has been submitted that in so far as the other allegation in respect of extending threat is concerned, it is ornamental in nature and has been added to provide colour to the prosecution case.

As the allegations are to the effect that the money of one firm was transferred in the account of another to deprive the informant of the credit, whether there had been dishonest intention on the part of the accused, is a matter which requires investigation and therefore, on the grounds taken, keeping in mind that there are other allegations also, the prayer to quash the first information report cannot be accepted.

However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case would continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. in the above case, provided they co-operate in the investigation and submit themselves for interrogation as also produce documents/accounts before the Investigating Officer as and when required.

Order Date :- 23.1.2020

Nitin Verma

 

 

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