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2025 DAILYLAW 118684 (ALL)

SATYAVRAT@ MANOJ KUMAR TEWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS

/531/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5305-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 531 of 2025 Petitioner :- Satyavrat@ Manoj Kumar Tewari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Petitioner :- Ajay Shukla,Sheo Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State- respondent. This petition has been filed with the following main prayer :- 'Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 02.09.2024 registered at Case Crime No.344 of 2024, under Sections 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station Katra Bazar, District Gonda." It is a case of the petitioner that he has been falsely implicated in the impugned F.I.R. The prosecution story as alleged by the opposite party no.4 is that one Manoj Kumar Tiwari had received a sum of Rs.1,70,000/- for installation of a Milk Dairy Plant two years ago, but only Rs.1,25,000/- was sent by the opposite party no.4 by way of online transaction and Rs.45,000/- was given in cash. However, Manoj Kumar Tiwari has sent a a forged letter of Dhani Finance Company in turn, prior to the whole amount which was given by him. It has been submitted by the learned counsel for the petitioner that he is an innocent person and there is another person, namely, Manoj Kumar Tiwari, who has committed forgery with the opposite party no.4 and the amount which is shown in the impugned F.I.R. was never transferred in the account of the petitioner and he has also not received any cash from the opposite party no.4. The petitioner has not issued any forged letter of Dhani Finance Company. Moreover, there is a delay of two years in lodging the F.I.R. Having gone through the F.I.R. which prima facie discloses a commercial dispute between the parties, we put a specific query to the learned A.G.A. with regard to the stage of the investigation and it has been submitted before us on the basis of instructions and a copy of case diary sent by the Investigating OfÏcer that the transaction has been done from the bank account of the petitioner and statements of various witnesses have also been recorded, who have supported the prosecution story. The copy of instructions dated 21.01.2025 sent by Sanjiv Chauhan, Sub-Inspector, Police Station Katra Bazar, Gonda is kept on record. The copy of case diary has been produced before us. Prima facie, what has been stated in the F.I.R. appears to be made out from the investigation that has been carried out upto this stage. We do not find it a fit case to show the interference as prayed for. The writ petition is dismissed with liberty to the petitioner to approach the Court concerned for any other remedy available to him. Order Date :- 27.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench