Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26422 of 2018 Petitioner :- Anil Kumar Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Shandilya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Shandiyla, learned counsel for the petitioner, Sri N.K. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 5.9.2018 registered as case crime no. 592 of 2018 under sections 409, 406, 420, 120-B I.P.C. and 13 (1) (d) and 13 (2) of Prevention of Corruption Act, 1988, police station Hariparwat, District Agra.
Learned counsel for the petitioner submits that the petitioner was a member of Tender Committee. He has retired from the service on 31.10.2013. At the time of his retirement, he was working as Assistant Registrar in the concerned department. He submits that the payment in question by made by the then V.C. of the concerned University. The petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz