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2021 Supreme(All) 1521
IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, SHEKHAR KUMAR YADAV, JJ.
Mohit Kumar Goyal – Appellant
Versus
State Of U.P. And 3 Others – Respondents
Criminal Misc. Writ Petition No. - 1625 of 2021
Decided on : 16-07-2021
Advocate Appeared:
For the Appellant : Prashant Vyas, Abhishek Tandon, Renu Singh
For the Respondent: Prem Shankar Kushwaha
Headnote:
Indian Penal Code, 1860 - Sections 406, 420, 467, 468, 471 120B, 34 & 506 - Criminal conspiracy - Punishment for criminal intimidation - Punishment for criminal breach of trust - Cheating and dishonestly inducing delivery of property - Sole petitioner seeks quashing of 11 FIRs – Held, Court have carefully examined the allegations in the impugned FIRs - These FIRs have been lodged by separate persons making similar allegations of cheating fraud, criminal intimidation etc. against the accused, therein - However, it cannot be held that all the FIRs pertained to or arise out of one and the same transaction - The transactions may, at best, be similar or that cheating criminal intimidation etc. were resorted to but each FIR pertains to a separate set of facts and separate and distinct transactions - Under the circumstances, therefore, court have unable to agree that the impugned FIRs pertain to the same incident - The incidents can at best said to be similar but the facts alleged in the impugned FIRs do not flow from a single transaction or a single incident - For this reason, the submission made cannot be accepted and, therefore, the impugned orders cannot be quashed on the submissions made - Although, not specifically argued, however it has also been averred in the writ petition that the facts alleged in the impugned FIRs are basically commercial transactions, which give rise to civil liabilities - Therefore, the impugned FIRs are malicious and abuse of the process of the court - Writ petition dismissed.
JUDGMENT :
1. Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Prashant Vyas and Shri Abhishek Tandon, Advocates for the petitioner and learned A.G.A. for the State.
2. Sole petitioner seeks quashing of 11 FIRs detailed below:-
3. Case Crime No. 0650 of 2020, under Sections 406, 420 & 506 I.P.C., Police Station-Noida Sector-58, District-Gautam Budh Nagar (dated 24.12.2020), Case Crime No. 0021 of 2021, under Sections 406, 420 & 504, 120-B & 34 I.P.C., Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 19.01.2021), Case Crime No. 0022 of 2021, under Sections 406, 420, 467, 468, 471 120-B, 34 I.P.C., Police Station- Sector 58 Noida, District-Gautam Budh Nagar (dated 19.01.2021), Case Crime No. 0023 of 2021, under Sections 406, 420, 467, 468, 471 120-B, 34 I.P.C., Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 20.01.2021), Case Crime No. 0024 of 2021, under Sections 323, 406, 420, 467, 468, 471 120-B & 34 I.P.C., Police Station-Noida Sector-58 Noida, District-Gautam Budh Nagar (dated 20.01.2021), Case Crime No. 0025 of 2021, under Sections 406, 420, 467, 468, 471 120B, 34 & 506 I.P.C., Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 20.01.2021), Case Crime No. 0026 of 2021, under Sections 406, 420, 467, 468, 471 120-B, 34 I.P.C., Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 20.01.2021), Case Crime No. 0027 of 2021, under Sections 406, 420, 504, 506, 120-B, 34 I.P.C., Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 20.01.2021), Case Crime No. 0030 of 2021, under Sections 420, 406, Police Station-Sector-58 Noida, District-Gautam Budh Nagar (dated 22.01.2021), Case Crime No. 228 of 2020, under Sections 323, 406, 420, 467, 468, 471 120-B & 34 I.P.C., Police Station-Noida Sector-58, District-Gautam Budh Nagar (dated 27.05.2020), Case Crime No. 0450 of 2020, under Sections 420, 406 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar (dated 07.07.2020).
4. The second prayer made in the writ petition is that the petitioner be released from unlawful detention with regard to the 11 FIRs noted above.
5. The allegations in the afore-noted 11 FIRs are similar. The first informants therein have complained that representatives of a company namely, M/s Dubai Dry Fruits and Spices Hub met the first informants and placed purchased orders for supply of various edibles. Payments were not made, despite the items having been supplied.
6. On payments being pressed for, the first informants are alleged to have been intimidated and the actual payments never materialised. The office of the company has been locked. It is also the allegation in the FIRs that false companies were created and using the some modus operandi, a huge amount of money has been misappropriated. The entire exercise is on the planning of several persons including the petitioner.
7. It has been submitted by Shri V.P. Srivastava, learned Senior Advocate that the petitioner is Director of one M/s Family of Dry Fruits India Private Limited, a duly incorporated company having its office at U-25/A, DLF Phase-3, Near Pink Town, House Market, Sector-24, Gurugram (Haryana), which is engaged in the business of buying essential commodities including rice, pulses, dry fruits, makhana etc.
8. He has submitted that two companies named in the FIR are M/s Dubai Dry Fruits and Spices and M/s Ayurvedic Commodities Company. The petitioner has no connection with the afore-noted two companies and that he has wrongly and illegally been roped in only with a view to harass him.
9. In the writ petition, it has also been reiterated time and again that the petitioner had no business dealings with any of the first informants and is not even aware of their identity. It is also alleged that no offence has been committed by the petitioner. He is not a beneficiary of the transactions complained of in the FIR and that the impugned FIRs do not disclose commission of any cognizable offence by the petitioner.
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