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2025 DAILYLAW 119544 (ALL)

SHAHID AKHATAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

CRLP/680/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5978-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 680 of 2025 Petitioner :- Shahid Akhatar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondent Nos.1, 2 and 4. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari quashing the First Information Report No.0265 of 2022 dated 21.03.2022 under Sections 419, 420, 467, 468, 471, 427 and 406 I.P.C. The said FIR lodged at Police Station- Kotwali Nagar, District- Sultanpur in compliance of the order dated 09.03.2022 passed by Chief Judicial Magistrate, Sultanpur. II. Issue a writ, order or direction in the nature of mandamus commanding the respondent Authorities not to arrest the petitioner in connection with First Information Report No.0265 of 2022 dated 21.03.2022 under Sections 419, 420, 467, 468, 471, 427 and 406 I.P.C. The said FIR lodged at Police Station- Kotwali Nagar, District- Sultanpur in compliance of the order dated 09.03.2022 passed by Chief Judicial Magistrate, Sultanpur." 3. It has been submitted by learned counsel for the petitioner that the petitioner is not an accused in the impugned F.I.R. but the police was harassing him only because he was a Computer Operator in M/s Shine City Proxima Developers, which was operated by Rashid Nashim, Aashif Nashim and their relatives. This firm was engaged in business of selling of plots. 4. It has been further submitted that the F.I.R. is of the year 2022 and the police have not caught hold of the original fraudsters till date. Rashid Nashim is absconding but the petitioner, who is a poor person is being harassed by the police for no reason at all. 5. Learned A.G.A. has produced before this Court instructions sent by the Sub Inspector, Raj Kumar Singh, who is the Investigating Officer, Headquarters Sector, Economic Offences Wing, U.P., Lucknow dated 22.01.2025, wherein it has been stated that during the course of investigation, it has been found out that the money of the informant as well as other similarly placed investors was deposited in Central Bank Account No.76790200001913 and the petitioner is a co-account holder of the said bank account which bank account was in the name of Shine City Proxima Developers of which he is an active member/director. 6. The instructions are kept on record. 7. We have gone through the F.I.R. and we find that the informant, the opposite party No.3 has given a sufficient details to make out a cognizable offence. This Court sitting in writ jurisdiction does not find it equitable to shows any interference as prayed for. The writ petition is dismissed accordingly. Order Date :- 29.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench