Allahabad High Court
Ms Aparna Tripathi (Minor) And 14 Others vs State Of U.P. And 7 Others on 9 December, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:192787-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 20097 of 2024 Petitioner :- Ms Aparna Tripathi (Minor) And 14 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners and Sri Paritosh Malviya, learned AGA-I for the State.
2. Petitioners who are minor, have approached to this Court for a mandamus directing the respondents no. 2 and 3 to conclude the investigation pursuant to the FIR dated 15.6.2024 registered as Case Crime No. 0223 of 2024, under Sections 420, 406, 504, 506 IPC, P.S. Civil Lines, District Prayagraj within stipulated time. The relief is pressed in the light of judgment and order dated 03.10.2024 passed by Division Bench in CRIMINAL MISC. WRIT PETITION No. - 12353 of 2024 (Sh Dinesh Kumar Goel And 2 Others v. State of U.P. And 4 Others).
3. Brief facts giving rise to the present writ petition are that the petitioners along with other students lodged the FIR dated 15.6.2024 as Case Crime No. 0223 of 2024, under Sections 420, 406, 504, 506 IPC against the respondent nos. 4 to 8 (All officials of FIITJEE Limited) regarding fraud committed by them. Being aggrieved, the respondent nos. 4, 5 and 6 have approached this Court by means of CRIMINAL MISC. WRIT PETITION No. - 12353 of 2024 for quashing of the FIR dated 15.6.2024. The said writ petition was disposed of in the light of judgements of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017, Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. and 3 others in 2021 (2) ACR 1147 vide order dated 3.10.2024 as it has been pressed that that all alleged offences are punishable with imprisonment upto seven years. It is further directed that the personal account of the petitioners as well as account of the petitioners' company (FIITJEE) shall also be un-freezed, subject to the condition that petitioners' company (FIITJEE) will maintain a balance of Rs.1 crore as security in the account of the company (FIITJEE), till the conclusion of the investigation so as to settle the dispute regarding payment of remaining students, if requires. In this backdrop, learned counsel for the petitioners states that till date the petitioners have not been refunded their entire amount, details of which has been averred in paragraph 19 of the writ petition. He has confined his prayer that the direction be issued to the Investigating Officer to do needful in the light of Division Bench dictum of this Court vide order dated 3.10.2024.
4. Considering the factual situation, we are not inclined to keep the matter pending for consideration and on consent, the writ petition stands disposed of with a direction that the I.O. concerned must ensure reprieve to the petitioners in the light of observations made by Division Bench vide order dated 3.10.2024 in the aforementioned writ petition.
Order Date :- 9.12.2024 A.K.Srivastava