Bharti Adhikari & Others ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 1871 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1003 of 2023
Bharti Adhikari & Others                             ....Petitioners

                               Versus

State of Uttarakhand and Others                   ....Respondents

Present:-
             Mr. Susheel Kumar, Advocate for the petitioners.
             Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief
             Holder for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioners- Bharti Adhikari, Shominder

Kumar Adhikari and Shefali Adhikari seek quashing of FIR

No.100 of 2023, dated 30.06.2023, under Sections 420 &

120-B IPC, Police Station Cantt., District Dehradun, with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, the petitioners induced the

informant to give them money under the assurance that they

would secure jobs. Money was given to the petitioners and the

co-accused. They were given forged appointment letters. In

fact, the FIR reveals that the informant was taken Mumbai for

some kind of trainings and, subsequently, the misdeeds of the

petitioners and other co-accused were exposed and it was

revealed that, in fact, the informant was cheated in the name

of job. The FIR is quite in detail.

4. Learned counsel for the petitioners would

submit that, in fact, the father of the petitioner no.2 and the

husband of the petitioner no.1 were working together in the

ONGC. They had some loan transactions, but, subsequently,

false FIR has been lodged.

5. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

6. The FIR in the instant case is quite in detail as

to how the money was transmitted; how forged documents

were given to the informant; how the informant was taken to

Mumbai for some training where there were other persons

also and the entire act done by the petitioners and the co-

accused. What is the credibility or truthfulness of these

allegations, it would fall for scrutiny during investigation or

trial, as the case may be. The FIR, in fact, discloses a series of

act under a conspiracy so as to cheat innocent people in the

name of securing jobs to them. Therefore, this Court is of the

view that there is no reason to make any interference.

Accordingly, the petition deserves to be dismissed at the stage

of admission itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 20.07.2023 Ravi Bisht