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2022 Supreme(All) 663

K.J.THAKER, GAUTAM CHOWDHARY
Mohar Pal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Harikesh.
For the Respondent: G.A.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. By way of this petition, the accused-petitioners pray for quashment of the impugned first information report dated 25.02.2022 in Case Crime No. 120 of 2022 under Sections 420, 406, 120B India Penal Code (I.P.C.), Police Station Sungarhi, District Pilibhit and also for staying their arrest in respect of the aforesaid first information report.

3. Both the petitioners have alleged to have committed what can be said to be offences under Sections 420, 406, 120B of IPC.

4. The allegations in the FIR are very categorical that the first informant is aged about 28 years and he is doing business. The petitioner no.1, namely, Mohar Pal and the petitioner no.2, namely, Suresh have also into business. The first informant moved to the Magisterial Court, who after verifying the facts, issued direction to the police officer to investigate and took cognizable case as the informant had get machines on concessional rates by the petitioner no.1. The bank transaction of Rs.2,03,280/- from the bank of the informant was made to the petitioner, Mohar Pal. Despite the money being given by way of bank account, no machin

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