Heard learned counsel for petitioner and learned A.G.A. for the State.
First information report has been registered against a number of persons at case crime no.73 of 1999 under Sections 409, 420, 467, 468, 471, 120-B, 201 I.P.C. Police Station Kotwali, District Jhansi. Police submitted charge sheet against a number of persons but investigation against petitioner is still continuing. Petitioner preferred a criminal misc. writ petition no.15009 of 2009 with a prayer to stay his arrest. This Court declined to interfere in the matter since it was very old pertaining to year 1999 and permitted petitioner to move an application before the court concerned. Application was moved on 19.9.2008. and it was decided on 17.11.2009, which is impugned in the instant petition.
On perusal of the impugned order, it is apparent that investigation is still going on. Allegation against petitioner is that he along with Mahesh Kumar Verma, Branch Manager, connived and embezzled Rs.1,90,000/-. However, no charge sheet has been submitted by police against petitioner till date.
In view of this admitted fact, the instant petition is finally disposed of with a direction that investigation may go on but petitioner will not be arrested in case crime no.73 of 1999 under Sections 409, 420, 467, 468, 471, 120-B, 201 I.P.C. Police Station Kotwali, District Jhansi, till submission of report under Section 173 Cr.P.C. provided he cooperates in the investigation.
Order Date :- 7.1.2010 rkg