Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21919 of 2019 Petitioner :- Bhanu Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Mohan Counsel for Respondent :- G.A.,Abhai Kumar Tiwari,Mrigraj Singh,Om Prakash Ojha
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Connect with Crl. Misc. Writ Petition no. 21918 of 2019.
Heard Sri Narendra Mohan, learned counsel for the petitioner, Sri Mrigraj Singh for the informant and learned A.G.A.
This writ petition has been filed for quashing the FIR dated 1.9.2019, registered as Case Crime No.342 of 2019, under Sections 511, 409 IPC, P.S. Kotwali, District Ballia.
It is submitted by learned counsel for the petitioner that the petitioner is the partner of the Firm namely 'Aprajita Constructions'. On alleged irregularities committed by it, the District Magistrate conducted a fact-finding enquiry, which culminated in a report dated 11.2.2019, which was subjected to challenge by the Zila Panchayat in Writ-C No. 6137 of 2019, in which a Bench of this Court on 21.2.2019 was pleased to pass the following order:
"Court No. - 1 Case :- WRIT - C No. - 6137 of 2019 Petitioner :- Zila Panchayat Ballia And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Udayan Nandan Counsel for Respondent :- C.S.C.,Shashi Nandan Senior Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Ajit Kumar Singh, learned Additional Advocate General Assisted by Sri Sudanshu Singh, appearing for the District Magistrate.
In compliance of our earlier order dated 16.9.2019, the District Magistrate, Ballia Sri Bhavni Singh Khangraut is present before this Court.
On being confronted with the legal aspect of the matter as to when the issue is sub judice before this Court what prompted the District Magistrate to proceed further in the matter of enquiry already stayed by this Court, the District Magistrate has sought time to clarify his position. However, he has tendered his unconditional apology for any inconvenience caused to the Court.
Taking lenient view of the matter and with this understanding that good sense would prevail in the mind of authority concerned, we adjourn this matter till Monday i.e., 23.9.2019.
Interim order to continue till further orders.
The District Magistrate shall again appear on the next date along with the application supported by an affidavit seeking exemption from personal appearance."
It is further submitted by learned counsel for the petitioner that the District Magistrate took an offence to the order of this Court dated 21.2.2019, now persuaded the Commissioner of the Division vide his communication dated 4.3.2019 to proceed with the cancellation of the tenders floated in favour of the petitioner's firm. The Commissioner vide his communication dated 27.4.2019 cautioned the District Magistrate not to insist compliance of his communication, as it may amount to contempt of the order of this Court, as the matter is already sub-judice and interim protection granted to the petitioner, but at the dictates of the Collector, the impugned FIR has been lodged by respondent no.4 on the allegations that there is a possibility that the petitioner may resort to embezzlement.
The pith and substance of the arguments of petitioner that the FIR is malafidely motivated with a view to harass the petitioner.
Learned A.G.A has accepted notice on behalf of respondents no. 1 to 3.
Sri Mrigraj Singh, learned counsel has accepted notice on behalf of respondent no.4.
All respondents may file their counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.
List on the date fixed in the leading / connected petition before the appropriate Bench.
Till the next date of listing, no coercive measure shall be taken against the petitioner in connection of above case, provided the petitioner cooperates in the pending investigation.
Order Date :- 26.9.2019 N.S.Rathour