Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34066 of 2018 Petitioner :- Anil Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.06.2018 registered as Case Crime No. 315 of 2018, under Sections 420, 467, 468, 471, 409 I.P.C., P.S.- Wazeerganj, District- Badaun.
It is submitted by the learned counsel for the petitioner that co-accused Ankit Gupa was the Centre Incharge and the petitioner being a superior authority did not take any action against him. Hence, the present F.I.R. has been registered against the petitioner and Ankit Gupta regarding the irregularity committed by Ankit Gupta but subsequently, the petitioner was transferred to Meerut on 08.06.2018 and on 24.06.2018, the present F.I.R. has been lodged by the respondent no. 3. The case of the petitioner is clearly distinguishable from that of co-accused Ankit Gupta.
Per contra learned A.G.A. submitted that it appears from the record that the petition of the co-accused Ankit Gupta has already been dismissed by this Court vide order dated 23.07.2018 passed in Crl. Misc. Writ Petition No. 19553 of 2018. Hence, the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same but we find that the case of the petitioner is clearly distinguishable from that of co-accused Ankit Gupta.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 KS