Hon'ble Narendra Kumar Johari,J.
Notice on behalf of respondent Nos. 1 and 2 has been accepted by the office of learned Government Advocate.
Issue notice to the respondent No.3, returnable at an early date.
Respondents to file their counter affidavit within four weeks. Two weeks' time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.
List this case after expiry of the aforesaid period.
Under challenge in this petition is the First Information Report, dated 17.09.2021, lodged at Case Crime No. 0177 of 2021, under Sections 409 I.P.C., Police Station Jalalpur, District Ambedkar Nagar.
Submission of learned counsel for the petitioner is that the petitioner was working as Secretary of Sadhan Sahkari Samiti Limited. However, despite there being no plausible reason he was not paid his salary for the period from October, 2015 to September, 2017. Keeping the precarious situation, the Board of Directors of Sadhan Sahkari Samiti Limited passed a resolution on 22.09.2017 whereby it was resolved that petitioner's payment to be made from the said Society considering the seriousness of the ailment of petitioner's wife. Learned counsel for the petitioner further states that firstly no loss has been caused to the Cooperative Society and secondly that element of dishonesty which is the necessary ingredient of breach of trust is missing in this case for the reason that petitioner acted on the basis of resolution passed by the Board of Directors of the Society.
Accordingly, having regard to the overall facts and circumstances of the case, it is hereby directed that till the next date of listing, the petitioner shall not be arrested in connection with the aforesaid impugned First Information Report.
However, petitioner shall cooperate with the investigation.
Order Date :- 29.10.2021/Sanjay