Advocates:
['AMIT KRISHNA', '', 'SARVESHWARI PRASAD', 'RAMESH CHANDRA SHUKLA', 'G A', '', 'AISHWARYA PRATAP SINGH']

Judgement reserved on 05.05.2022

Judgement delivered on 11.05.2022

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 4691 of 2022

Petitioner :- Dinesh Pandey And 2 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Amit Krishna,Ramesh Chandra Shukla,Sarveshwari

Prasad

Counsel for Respondent :- G.A.,Aishwarya Pratap Singh

Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

Supplementary affidavit filed today on behalf of the petitioners, is taken on

record.

Heard Shri Rakesh Pandey (Senior Advocate) assisted by Shri Sarveshwari

Prasad (Advocate) for petitioners, Shri Vinay Saran (Senior Advocate) assisted

by Shri Aishwarya Pratap Singh, counsel for the respondent and learned A.G.A

for the State.

In this petition, petitioners seek quashing of the impugned First Information

Report dated 03.02.2022 giving rise to Case Crime No.0030 of 2022, under

sections 147, 148, 149, 307, 406, 328, 364, 394, 120-B I.P.C., Police Station

Kidwai Nagar, district Kanpur Nagar.

It is alleged in the First Information Report that petitioners offered informant to

invest money in their project and also lure the informant, the petitioners’

company would be one of the first company which would be controlled and

directed by foreign directors and if the informant invest and promote their

business, he would be reimbursed with 2% for every investment. All promises

made by the accused are false, frivolous and malafide. Apart from this, other

allegations are also stated in the First Information Report.

It is contended by learned counsel for the petitioners that the allegation in the

First Information Report is baseless and unwarranted. It is clear from perusal of

the First Information Report that offence under the alleged sections is not made

out against the petitioners. It is contended that petitioner no.1 promised to

deliver the flats to the informant but due to unforeseen circumstances he could

not deliver possession. The allegations of the informant regarding his

abduction by the petitioners, is nothing but to harass the petitioners, is nothing

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but to harass the petitioners. The petitioner no.2 is a lady. No role has been

assigned to her in the First Information Report.

He has further argued that so far as petitioner no.3 is concerned, his role is very

limited and over a conference call, he is said to have talked with the informant but

from perusal of First Information Report, however, it emerges that petitioner no.3

has advised not to harm the informant.

Per contra, learned AGA and learned counsel for the first informant vehemently

opposed the argument raised by learned counsel for the petitioners and contended

that petitioner no.1 has a history of 200 cases. Petitioners have taken money from

the informant on false promise. Informant was abducted and attempt was to kill

him due to which he has received injury on head. Prima-facie petitioners are all

involved in committing crime and prima-facie evidence exists against them. On

perusal of First Information Report, offence under the alleged sections are clearly

made out.

Upon hearing learned counsel for the petitioners as well as counsel for the

respondents and on perusal of First Information Report, prima-facie we find that

allegations and contents of cognizable offence is prima-facie made out against the

petitioner no.1, as such, petition on behalf of petitioner no.1 (Dinesh Pandey), is

hereby, dismissed.

We find that no prima-facie case is made out against petitioner no. 2 (Smt.Kusum

Pandey) & petitioner no.3 (Pramod Pandey).

Matter requires consideration.

Learned A.G.A. has accepted notice on behalf of respondent nos. 1 & 2.

Shri Aishwarya Pratap Singh, has accepted notice on behalf of respondent no.3.

All respondents may file counter affidavit within three weeks. Petitioners will

have two weeks thereafter to file rejoinder affidavit.

List this case immediately after expiry of the aforesaid period.

In the meantime, learned A.