The Allahabad High Court has directed that no coercive action shall be taken under the FIR registered against Atif Raza alias Sharjeel Raja and two others accused of embezzlement of the firm’s funds and the Court issued a notice to the complainant and sought reply from the opposition including the state government.
A Single Bench of Justice Dinesh Pathak passed this order while hearing a petition filed by Atif Raja @ Sharjeel Raja and 2 Others.
It is submitted by the counsel for the applicants that financial embezzlement, allegedly took place in the firm, has illegally been dragged into the criminal proceeding, without any specific case as to how much money has been embezzled by the applicants.
It is further submitted that no particular time span has been given in the F.I.R under which money of the firm has been allegedly embezzled by the applicants.
It is next submitted that only on the presumption and speculation with respect to financial embezzlement of other partners, false and malicious prosecution has been instituted by respondent no 2.
The Court observed that the matter requires consideration.
“Issue notice to respondent no 2 fixing 16.01.2024 as the date. List this matter on 16.01.2024. In the meantime, parties shall exchange their respective affidavits.
Till the next date of listing, no coercive action shall be taken against the applicants in Case under Section 406, 420, 386, 506 I.P.C, Police Station Kotwali, District Ghazipur”, the Court ordered.