Kaushalendra Singh @ Kaushal ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 1325 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.654 of 2023
Kaushalendra Singh @ Kaushal Singh                  ....Petitioner

                              Versus

State of Uttarakhand and Others                  ....Respondents

Present:-
            Mr. Bilal Ahmed, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief
            Holder for the State.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.205 of

2023, dated 30.04.2023, under Section 420 IPC, Police

Station Ranipur, District Haridwar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, the petitioner befriended

the son of the informant, who was into a business, procured

his account number, his passwords, IDs, QR code, etc. and

made heavy transactions from the account of the son of the

informant. Thereby, cheated him.

4. Learned counsel for the petitioner would submit

that the petitioner has been falsely implicated; no prudent

man would believe the story, as revealed in the FIR; there is

no evidence; there has been no transaction.

5. Learned State Counsel would submit that, in

fact, the Investigating Officer has issued a notice under

Section 41A of the Code of Criminal Procedure, 1973.

6. 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.

7. The FIR definitely discloses commission of

serious offences in the case. Whether the allegations, as

levelled, are true or not, this is a matter, which falls for

scrutiny during investigation. It is the role of the Investigating

Officer to collect evidence and unearth the truth. This Court,

in this petition, may not examine the credibility of the FIR.

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.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 15.05.2023 Ravi Bisht