Vivek Ranjan Bauthiyal v. The State & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5995/2019 VIVEK RANJAN BAUTHIYAL ..... Petitioner Through:

Mr.G.K.Sachdeva, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr.Kamal Kumar Ghai, APP for State with SI Vishal Tiwari, PSVikaspuri

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 12.02.2020 The petitioner vide the present petition seeks quashing of FIR No.301/18 PS Vikaspuri registered under Section 420 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the petitioner and the respondent No.2 on 21.9.2019. The status report submitted by the State dated 10.2.2020 is on the record, as per which it is submitted by the State through the status report that the duped amount of Rs.1,25,999/- was transferred through PAYTM to different account numbers of Allahabad Bank and Axis Bank and the sum was transferred to the accounts of Mr.Himanshu Bansal and Mr.Rinku Yadav and on interrogation of these persons it was revealed that their account was opened by the petitioner who had left college to join the Axis Bank and subsequently it was also learnt that the petitioner had approached these persons to open the bank accounts in the Axis Bank as he was

given the target by bank to open the salary accounts which accounts were opened by the petitioner without any account opening kit i.e., ATM, Passbook, password etc which was never provided to the said two persons i.e, Himanshu and Rinku Yadav . The status report indicates to the effect that the petitioner despite directions of the learned Metropolitan Magistrate, Dwarka did not join the investigation and that it is submitted that he has been evading legal proceedings which is refuted on behalf of the petitioner. In the circumstances, in as much as the investigation in the matter is incomplete, presently, the petition is premature, and is thus declined.

ANU MALHOTRA, J FEBRUARY 12, 2020/sv