Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1384 of 2019 Petitioner :- Bachcha Prasad Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sameer Jain,Chandra Prakash Tiwari Counsel for Respondent :- G.A.,A.S.G.I.,Gyan Prakash
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Exemption application is allowed.
Heard Sri Sameer Jain, learned counsel for the petitioner, Sri Gyan Prakash, learned counsel for the respondents and learned AGA appearing for the State.
This writ petition has been filed with the prayer to quash the FIR dated 19.12.2018 under Sections 7 and 13(2) read with Section 13(1)(d) Prevention of Corruption Act, Police Station CBI, ACB, Lucknow, District Lucknow, registered as Case Crime No./FIR No. RC0062018A0023 of 2018.
The contention of counsel for the petitioner is that the FIR is vague; that the petitioner has already been suspended from service; that a notice for dismissal from service has already been issued to him.
Sri Gyan Prakash, learned counsel for the respondents and learned AGA appearing for the State have opposed the prayer and submitted that specific allegation has been made against the petitioner; vidio and audio clipping are available; that it appears that the preliminary inquiry was also done in the matter and the preliminary inquiry has gone against the petitioner only thereafter the FIR has been lodged against the petitioner; that a letter has been issued by the General Manager (NW-II), who is the appointing authority of the petitioner, granting approval for registration of Regular Case against the petitioner in terms of Section 17-A(1)(c) of PC Act, 1988 (as mentioned in 2018), copy of which is annexed at page no.22 of the writ petition.
In view of the aforesaid, no case for grant of indulgence has been made out.
Accordingly, the writ petition stands dismissed at this stage.
However, looking to the facts that the petitioner has already been suspended from service and a notice for dismissal from service has also been issued to him, the CBI may look into the matter, as to whether the arrest of the petitioner is necessary as on date or not and thereafter, may take appropriate action in accordance with law. This Court has not express any opinion in this regard. The CBI may take an independent decision in this regard.
Order Date :- 21.1.2019 VKG