Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 891 of 2009, under Sections 409,419,420 IPC police station-Inayat Nagar, district-Faizabad. We have gone through the contents of the FIR and the other documents annexed hereto.
Petitioner No. 1 happens to be an Assistant Teacher and petitioner No. 2 happens to be village Pradhan to whom duty was assigned with respect to construction of school building , for which Rs. 5,55,000/ was disbursed in their account which is said to be usurped/siphoned by the petitioners without there being any construction of the school building.
Learned counsel for petitioners tries to stress upon that since there was no allocation of the land in question as such the building of the school could not be constructed, although certain amount was paid by them for bricks and morang which is still lying at the spot.
Let the things be as they are,since the FIR discloses commission of a cognizable offence, the same cannot be quashed, we dispose of the writ petition with a direction that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them, provided they cooperate with the investigation, which shall go on.
Order Date :- 6.1.2010 R.P/