Akash Gupta And 11 Otehrs vs. State Of U.P.And Another
Held
The Court held that the summoning order was passed based on suspicion without sufficient evidence. Given the lack of traceable IP addresses and the findings of the Sales Tax Department, continuing the proceedings would be an abuse of the court's process.
Facts
An FIR was lodged alleging forgery and cheating related to a TIN number and a revised tax return. Despite investigations by police and the Sales Tax Department, no evidence was found to link the applicants to the alleged fraud. The Commercial Tax Department's inquiry concluded that the opposite party likely filed the revised return themselves.
Key Issues
Whether the summoning order and subsequent proceedings are sustainable without concrete evidence linking the applicants to the alleged online fraud and forgery of tax returns.
Sections Cited
Section 482 CrPC, Sections 420, 467, 468, 471 IPC, Section 66 Information Technology Act, Sections 200, 202 CrPC, Section 82 CrPC
AI-generated summary — verify with the full judgment below
1 Reserved on 13.3.2019 Delivered on 30.5.2019 Case :- APPLICATION U/S 482 No. - 17448 of 2018 Applicant :- Akash Gupta And 11 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar, Ashutosh Srivastava, M.N. Singh, Mahesh Narain Singh Counsel for Opposite Party :- G.A., Ashish Pratap Singh, Raghuvansh Chandra,Ram Jee Sharma, Suyash Agarwal Hon'ble Om Prakash-VII,J.
Present application under Section 482 CrPC has been filed with the prayer to quash the entire proceedings of complaint case no. 2750 of 2015 under Sections 420, 467, 468 and 471 IPC and the summoning order dated 12.9.2016 passed by the Additional Chief Judicial Magistrate, Court No.3, Ghaziabad and all other consequential orders issuing Non-bailable warrant and the process under Section 82 CrPC as also the order dated 19.2.2018 passed by the Additional Sessions Judge, Court No.15, Ghaziabad in Criminal Revision No. 213 of 2016. Further prayer has been made to stay the effect and operation of aforesaid orders.
It appears that opposite party no.2 has lodged an F.I.R. on 24.4.2014 at Police Station Sihani Gate, Ghaziabad against some firms of Raurkela mentioning therein that he had
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