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2025 DAILYLAW 97126 (ALL)

BRAJESH ENTERPRISES AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/20888/2025 · 2025-09-23

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20888 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. This writ petition has been filed for quashing of the First Information Report dated 4.9.2025 giving rise to Case Crime No. 35 of 2025, under Sections 319(2), 318(4) of B.N.S. and Section 66C, 66D of I.T. Act, Police Station - Cyber Crime Prayagraj, District - Prayagraj. 3. When the first petitioners failed to deposit Rs. 2,69,000/- in the bank account of the first informant then a first information report was got lodged on 4.9.2025 which had given rise to Case Crime No. 0035 of 2025. When the amount which was deposited by the informants was traced, it was found that the amount had gone to the account of the petitioners and therefore they were being investigated into. Thereafter, in the Court today learned counsel for the petitioners Sri Puneet Kumar Shukla and Sumit Kumar Srivastava have stated that they have paid Rs. 2,69,000/- to Sri Avnish Kumar Srivastava, who has appeared today in person, by means of a bank draft of Axis Bank being draft no. 002819. A photocopy of the bank draft is being retained by this Court. 4. In view of the fact that now the first informant has been paid back the amount for which he had been duped and also in view of the fact that all the offences are compoundable, we are of the view that the first information report dated 4.9.2025 which had given rise to Case Crime No. Versus Counsel for Petitioner(s) : Puneet Kumar Shukla, Sumit Kumar Srivastava Counsel for Respondent(s) : G.A. Brajesh Enterprises And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 35 of 2025, under Sections 319(2), 318(4) of B.N.S. and Section 66C, 66D of I.T. Act may not be investigated into any further and therefore the same is quashed. 5. The writ petition stands allowed. September 24, 2025 M.S. Ansari CRLP No. 20888 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad