DALJINDER SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/4542/2025 · 2025-03-09
Mohd Azhar Husain Idrisi, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27195 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:34366-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 4542 of 2025 Petitioner :- Daljinder Singh Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Yash Talwar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard Sri Virendra Verma, learned counsel assisted by Sri Yash Talwar, learned counsel for the petitioner through video conferencing and Sri Rahul Asthana, learned A.G.A for the State respondents. However, video of Sri Virendra Verma,
learned counsel for the petitioner is not working and his audio is working.
2. The relief sought in this petition is for quashing of the F.I.R. dated 3.9.2024, registered as Case Crime No. 0159 of 2024, under Sections 318(4), 338, 336(3) and 340(2) BNS, Police Station Aadarsh Mandi, District Shamli. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Admittedly, a chargesheet no. 142 of 2024 has been submitted against two accused, namely, Devendra Singh and Lalit Kumar Mahendra @ Lalee @ Shivdas Patil whereas against the wanted accused persons including the petitioner herein Daljinder Singh, investigation is pending. On the aforesaid chargesheet, cognizance has also been taken by the competent court on 24.12.2024.
4. In view of the matter, present petition challenging the impugned FIR would not be maintainable and in any case in the present circumstances of the case where there are specific and categorical allegations levelled against the accused persons by giving details of the cheque numbers and bank account numbers, there can be no part quashing as there is fraud and embezzlement of money, which also includes the bank officials and as such, no part quashing is possible in the present case.
5. Present petition is devoid of merit and is accordingly dismissed.
Order Date :- 10.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad