Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24122 of 2019 Petitioner :- Ashit Kumar Rohela Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- G.A.,Baleshwar Chaturvedi Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Pursuant to the order dated 26.11.2019, the office of the Stamp Reporter has submitted a report that prayer for quashing of the First Information Report is cognizable by Division Bench and, therefore, the matter is cognizable by this Bench.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent Nos. 1,2 &6 and perused the record.
The instant petition seeks quashing of the First Information Report dated 21.9.2019 registered as Case Crime No. 345 of 2019, under Sections 7/13 of the prevention of Corruption Act, 1988 at P.S- Sasni kotwali, District- Hathras.
The contention of learned counsel for the petitioner is that as per the allegations in the First Information Report, the petitioner had wrongly conferred the benefit of duty waiver on M/s Balaji Concast Private Limited, Ajroi Road, Sasni, Hathras. It has been submitted that grant of such waiver was authorised by the Managing Director of Dakshinanchal Vidyut Nigam Ltd., Aligarh Zone, Aligarh vide order dated 16.5.2018 which has been appended as annexure No. 3 (at page 46).
Under the circumstances, the impugned First Information Report is liable to be quashed.
Mr. Baleswar Chaturvedi, learned counsel for the respondents has accepted notice on behalf of respondent Nos. 4 and 5. He shall seek instructions from the respondent No. 5 as regards the existence of the office order dated 16.5.2018 which has been appended at page 46.
List this matter on 16.12.2019.
Till the next date of listing, no coercive action shall be taken against the petitioner in connection with case Case Crime No.
345 of 2019, under Sections 7/13 of the prevention of Corruption Act, 1988.
Order Date :- 28.11.2019/SY