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2025 DAILYLAW 180661 (ALL)

VIKAS PRABHAKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8701/2025 · 2025-11-06

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8701 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Sri Kumar Vikram, Advocate through video conferencing assisted by Sri Shiv Pratap Singh, learned counsel for the applicant and Sri Piyush Kumar Singh, learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the entire proceedings of Case No.4642 of 2021 arising out of Case Crime No.889 of 2019 under Sections 420, 417 I.P.C., Police Station Kotwali Nagar, District Raebareli. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case as he was one of the Director in the company, Pashudhan Livestock and Marketing India Limited. He further submits that applicant resigned from the post of Director on 5.11.2011 and his resignation was accepted by the Registrar of the company. He also submits that applicant was not named in the F.I.R. and there is no evidence against the applicant in the entire case diary, thereafter, application for discharge was filed by the applicant before the competent court but the same was rejected in the most mechanical manner without considering the evidences collected by the Investigating Officer and the points mentioned in the application, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits Versus Counsel for Applicant(s) : Shiv Pratap Singh, Vaibhav Saxena Counsel for Opposite Party(s) : G.A. Vikas Prabhakar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) that memorandum of the Company clearly reveals that company was formed to carry on the business of animal husbandry, dairy framing, poultry farms, fisheries, etc. but the F.I.R. as well as material collected by the Investigating Officer clearly reveals that after constitution of the Company money was being collected from the investors. He further submits that there was no aims and objects of the company for the money collected from the investors and there is no evidence that any permission/license was given by the Reserve Bank of India or the Central Government for collecting money from the investors in the name of multiplying the same. He also submits that charge sheet was challenged before this Court in the Application U/S 482 No.6859 of 2024 and same was rejected by co-ordinate bench of this Court vide order dated 5.8.2024 and the evidences collected by the Investigating Officer cannot be examined in the form of mini trial at the stage of discharge, therefore, there is no illegality in the order passed by the court below. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident from the record that applicant was Director in the Company in question since 2009 upto 2011 and the company was formed for the purpose of running the business related to the animal husbandry, dairy framing, poultry farms, fisheries, etc. but the F.I.R. clearly reveals that money was being collected by the company with the assurance to the investors for multiplying the same. As there is no evidence is enclosed with the present application, by which, Reserve Bank of India or the Government of India has given permission to collect the money, therefore, this Court is of the view that no interference is required. 6. In view of the discussions made hereinabove, the present application is misconceived and same is hereby dismissed. November 6, 2025 GauraV/- A482 No. 8701 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench