Pradeep Gupta vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others
Held
The Court held that a perusal of the FIR indicated specific allegations against the petitioner, and his involvement could not be ruled out at the present stage. The Court found no sufficient grounds to interfere with the FIR. Consequently, the writ petition was dismissed. The Court did not explicitly mention any specific GST provisions or rules being discussed, nor did it leave any issues undecided. The reasoning was based on the prima facie cognizable offense made out from the FIR allegations.
Facts
The petitioner, Pradeep Gupta, filed a writ petition seeking to quash an FIR registered against him. The FIR, lodged by respondent No. 4, alleged embezzlement of GST amounts. The petitioner contended that he collected GST amounts from clients and handed them over to one Ashutosh Singh for depositing. Ashutosh Singh allegedly committed embezzlement, and the petitioner had previously filed an FIR against him. The petitioner argued he was innocent and falsely implicated, with the actual cheating committed by Ashutosh Singh. The FIR in question was registered on July 2, 2023, at Police Station B.B.D., Lucknow, under Sections 406, 467, 468, 471, 420, and 506 of the IPC.
Key Issues
1. Whether a writ of certiorari should be issued to quash the FIR dated 02.07.2023, registered as FIR/Case Crime No. 0176 of 2023, under Sections 406, 467, 468, 471, 420, 506 IPC, at Police Station B.B.D., District Lucknow, against the petitioner? Petitioner's Arguments: The petitioner argued that he is innocent and has been falsely implicated with malafide intention. He asserted that the actual embezzlement was committed by Ashutosh Singh, to whom he entrusted the GST deposits. The petitioner highlighted that he had already filed an FIR against Ashutosh Singh for similar offenses. Therefore, the current FIR against him is baseless. Respondent's Arguments: The learned Additional Government Advocate (A.G.A.) for the State opposed the prayer for quashing the FIR. The respondent argued that a perusal of the FIR reveals that a cognizable offense is made out against the petitioner, and his involvement cannot be ruled out at this stage.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC-LKO:45872-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5382 of 2023 Petitioner :- Pradeep Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Lko. And Others Counsel for Petitioner :- Surendra Yadav,Jagdeshwar Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri J.P. Yadav, learned counsel for the petitioner, Shri Badrul Hasan, learned A.G.A. for the State/respondent Nos.1 to 3 and perused the material brought on record.
The present writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned FIR dated 02.07.2023, lodged by the respondent No.4 in FIR/Case Crime No.0176 of 2023, under Sections 406, 467, 468, 471, 420, 506 I.P.C., at Police Station - Babu Banarsi Das (B.B.D.), District - Lucknow, registered against the petitioner, as contained in Annexure No.3 to the writ petition. A further prayer has been made for issuing a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to arrest the petitioner on the basis im
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.