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2025 DAILYLAW 98278 (ALL)

MANMOHAN GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/21686/2025 · 2025-10-07

J J Munir, Sanjiv Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21686 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. Heard Mr. Neelabh Srivastava, learned Counsel for the petitioners at considerable length in support of this writ petition, Mr. Anil Kumar, learned Counsel appearing on behalf of respondent no. 4 and Mr. Anil Kumar Mishra, learned AGA appearing on behalf of respondent nos. 1, 2 and 3. This writ petition has been filed seeking to quash the first information report dated 28.06.2025 giving rise to Case Crime No. 400 of 2025 under Sections 318(4), 316(2) and 351(3) B.N.S., P.S. Sadar Bazar, District Shahjahanpur. The petitioners are employees of the first informant serving on a medical store, which is owned by a hospital run by respondent no. 4. The allegation in the FIR shows that there has been large scale pilferage and unrecorded sale of medicines not reflected in the stock-register etc, where the estimated loss of money is between Rs. 20,34,260/-Rs. Two Crores . The allegations on a wholesome reading of the FIR require thorough investigation into the stocks, accounts etc. This is not a case, where this Court should embark upon examination of the petitioners' disputed Versus Counsel for Petitioner(s) : Neelabh Srivastava, Pankaj Mahajan Counsel for Respondent(s) : Anil Kumar, G.A. Manmohan Gupta and another .....Petitioner(s) State of U.P. and others .....Respondent(s) defence, sift evidence and hold virtually a parallel trial at the stage of investigation. We do not find this to be a fit case to interfere with the impugned FIR under Article 226 of the Constitution. Accordingly, this writ petition is summarily dismissed. October 8, 2025 Deepak CRLP No. 21686 of 2025 2 (Sanjiv Kumar, J.) (J.J. Munir, J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad