Gazi Enterprises vs. State Of U.P. And 3 Others
Held
The Court, considering the facts and circumstances and the nature of allegations, was not inclined to quash the criminal proceedings. However, the Court disposed of the petition by directing the State authorities not to take any coercive action against the petitioner concerning the stated crime number until the submission of the police report under Section 173(2) of the Cr.P.C. before the concerned court. This protection is conditional upon the petitioner's cooperation in the investigation and remains effective until the police report is filed. The Court did not decide on the merits of the allegations but provided interim relief against coercive measures.
Facts
The petitioner, Gazi Enterprises, filed a writ petition seeking to quash an FIR registered on July 25, 2020, for offenses under Sections 420 and 409 of the Indian Penal Code. The FIR pertains to Crime No. 0326 of 2020 at Police Station Swar, District Rampur. The petitioner argued that their case was similar to three co-accused who had already been granted protection orders. The petitioner's primary contention was that the sole allegation against them was non-payment of GST bills. The State, represented by the learned AGA, opposed the writ petition.
Key Issues
1. Whether the criminal proceedings initiated by the registration of FIR dated 25.7.2020 in respect of Crime No.0326 of 2020 for the offence under Sections 420 and 409 of IPC should be quashed, considering the petitioner's submission that the allegation is solely of non-payment of GST bills and that similar allegations against co-accused have led to protection orders. Petitioner's Argument: The petitioner contended that their case is on a better footing than co-accused who have received protection, as the only allegation against them is non-payment of GST bills, and therefore, protection should be granted. They relied on protection orders granted to co-accused. Respondent's Argument: The learned AGA opposed the writ petition.
Sections Cited
Section 420, Section 409, Section 173(2)
AI-generated summary — verify with the full judgment below
Court No. - 7 Case :- CRIMINAL MISC. WRIT PETITION No. - 10194 of 2020 Petitioner :- Gazi Enterprises Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri B.K. Pandey, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner, seeking quashment of FIR dated 25.7.2020 in respect of Crime No.0326 of 2020 for the offence under Sections 420 and 409 of IPC., Police Station Swar, District Rampur.
Learned counsel for the petitioner submits that in the case of three co-accused persons, named at Serial Nos. (3) Mohd. Arif, (4) Phool Jahan and (5) Maqsood, protection order has already been granted in their favour. He submits that the case of the petitioner is on better footing because the only allegation against him is of non payment of GST bill and, therefore, protection be granted to the petitioner.
On the other hand, learned AGA opposes the writ petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the
The judgment continues below.
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