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2015 Supreme(All) 1158

ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL AND BRIJESH KUMAR SRIVASTAVA-II, JJ.
SUNEEL GALGOTIA AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Criminal Misc. Writ Petition Nos. 17169, 19146, 19562 and 21078 of 2014, decided on 23rd September, 2015)

Advocates:
Counsel :
Samit Gopal, Swetashwa Agarwal, Anil Tiwari, S.K. Dubey, Akshat, H.P. Dube, Tanmay Agarwal, S.D. Singh and Gopal Chaturvedi for the Petitioners; A.G.A., D. Kumar Mishra, Manish Tiwary, Tarun Agarwal, Yogesh Agrawal, Ravi Kant, Mahesh Chand Dixit, Ms. Katyayini and Brijesh Sahai for the Respondent.

Headnote:(Indian) Penal Code, 1860—Sections 420, 467, 468, 471 and 120-B—F.I.R.—Civil Remedy—Only because a civil remedy may be available to complainant that itself cannot be a ground to quash criminal proceeding—If such offence is not disclosed still proceedings are allowed to continue, it would amount to abuse of process of Court—Since allegations contained in impugned F.I.R., taken on is face value, do not satisfy offences under Sections 420, 467, 468, 471 and 120-B I.P.C., continuance of proceedings in furtherance thereof is an apparent misuse of process of Court and same cannot be allowed—Impugned F.I.R. quashed.

       Petition Allowed.

       

JUDGMENT :

(Delivered by Hon'ble Sudhir Agarwal, J.)

1. All these four writ petitions involve common questions of facts and law and have arisen against the same first information report (in short "FIR") dated 09.09.2014 i.e. case crime no. 862 of 2014 under Sections 420, 467,468,471, 120B IPC, P.S. Hariparvat, Agra, hence have been argued collectively and are being decided by this composite judgment.

2. At the outset, it may be pointed out that in these matters interim orders were passed by this Court whereagainst respondent no.4 took the matter before Apex Court in appeal. The Court observing that since it was against an interim order, declined to interfere, vide order dated 10.04.2015 but directed this Court to dispose of all writ petitions on the next date of hearing, preferably within one month from that date.

3. All these matters were nominated on 22.7.2015 by Hon'ble the Chief Justice to the Bench presided over by one of us (Hon'ble Sudhir Agarwal, J.) pursuant whereto, these cases have come to us We have heard the parties finally and decide on merits hereunder.

4. Criminal Misc. Writ Petition No. 17169 of 2014 (hereinafter referred to as "first petition") has been filed by two petitioners, namely, Suneel Galgotia and Smt. Shakuntala Educational and Welfare Society (hereinafter referred to as the "Society"), having registered office at Delhi. Petitioner no. 1 Suneel Galgotia is President of the Managing Committee of the Society.

5. Criminal Misc. Writ Petition No. 19146 of 2014 (hereinafter referred to as "second petition") has come up at the instance of Smt. Jugnu Galgotia wife of Lt. P.D. Galgotia, one of Guarantors in respect of loan agreements and also Treasurer of Management Committee of the Society.

6. Criminal Misc. Writ Petition No. 19562 of 2014 (hereinafter referred to as "third petition") has been filed by Km. Aradhana Galgotia daughter of Suneel Galgotia (petitioner no. 1 in first petition).

7. Criminal Misc. Writ Petition No. 21078 of 2014 (hereinafter referred to as "fourth petition"), has been filed by Smt. Chandrika Mathur wife of Sri Ashok Mathur, and Sri Raghuvansh Mathur son of Lt. Dr. Shanti Swaroop Mathur, both being office bearers of the Society and thus accused in the impugned FIR.

8. In all the writ petitions prayer is common, i.e., for quashing of the FIR dated 09.09.2014 i.e. case crime no. 862 of 2014 under Sections 420, 467,468,471, 120B IPC, P.S. Hariparvat, District Agra.

9. Petitioner no. 1 in the first petition and other petitioners in three writ petitions alongwith some others promoted and constituted the Society for the purpose of establishing and promoting educational institutions. It was duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the "Act, 1860"). The Society claimed itself to be a "charitable Society". It had established several institutions of higher education, namely, Galgotias College of Engineering and Technology, G.I.M.T. Institute of Management and Technology, Galgotias Business School etc. It sponsored Galgotias University at Gautambudh Nagar in State of U.P. and to give a statutory status, U.P. Legislature passed Galgotias University Uttar Pradesh Act, 2011 (hereinafter referred to as "UP Act 2011") which received assent of the Governor on 04.04.2011 and was published in U.P. Gazette (Extraordinary) on 07.04.2011. For the purpose of establishing University and creating its infrastructure, the Society obtained several loans from M/s S.E. Investment Ltd. (hereinafter referred to as the "Financier"), having its branch office at Sanjay Place, Agra. Some of the petitioners stood guarantors against aforesaid loan. Upto September, 2012, it is said, monthly installments were duly paid but thereafter some default occurred and post dated cheques received by respondent no. 4 returned dishonoured, as a result whereof, there arose a dispute b

































































































































































































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