Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 5018 of 2019 Petitioner :- Ajay Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnath Ydav,Shashi Prakash Misra Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 09.01.2019 registered as Case Crime No.0010 of 2019, under Sections- 419, 420, 467, 468, 471, 120-B, 406 and 409 I.P.C., P.S.-Jafrabad, District-
Jaunpur.
Heard learned counsel for petitioner.
Counsel for petitioner placed reliance upon the order dated 31.01.2019 passed by this Court in Criminal Misc. Writ Petition No.2826 of 2019 with regard to co-accused Vijay Kumar Gautam, who was the Gram Pradhan. Submission is that petitioner is Gram Panchayat Adhikari and it has been contended that the crux of the allegations which the petitioner is facing is not substantially different from the allegations which the aforesaid co- accused was facing. Submission is that in this background the petitioner also deserves same protective respite. Contention is that at any rate the arrest of the petitioner in such circumstances of the case is not called for. Certain other contentions have also been raised by the petitioners' counsel but all of them relate to disputed questions of fact.
Heard learned A.G.A. and perused the record.
Though this Court does not feel persuaded to quash the F.I.R. or the proceedings against the petitioner arising out of it as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing but in the wake of conspicuous facts and circumstances of the case and the nature of allegations and also keeping in view the order passed by this Court in favour of co-accused and the various contentions raised on behalf of the petitioner based on the provisions of Section-157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar vs. State of U.P.; 1994 Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in above mentioned case, unless credible evidence against him is collected by the Investigating Officer during investigation.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 22.2.2019 M. Kumar