Case :- CRIMINAL MISC. WRIT PETITION No. - 24936 of 2019 Petitioner :- Chhabi Lal Yadav @ Chhabi Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anurag Pratap Singh,Sunita Singh Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Supplementary affidavit filed today is taken on record. On 10.12.2019, this Court has passed the following order:
"Heard Sri Anurag Pratap Singh, learned counsel for the petitioner and the learned AGA for the State respondents.
The petitioner in the writ petition is seeking quashing of the FIR dated 11.11.2019 registered as Case Crime No.0539 of 2019 under Section 419, 420, 409 IPC, Police Station Kotwali Mau, District Mau.
The contention of the petitioner is that the petitioner was working on the post of District Project Coordinator now known as District Consultation, Prerak under the Swaccha Bharat Mission (Gramin). The allegation against the petitioner is of embezzlement of Rs.13,12,500/-. His submission is that the matter was enquired into by the District Panchayat Raj Officer, Mau who by his letter dated 03.06.2019, copy of which has been filed as Annexure-3 to the writ petition, has held that there has been absolutely no loss of government funds. He submits that this letter of 03.06.2019 has not been considered by the Chief Development Officer, Mau in his letter dated 23.10.2019. However, the letter dated 23.10.2019 refers to an enquiry report dated 12.07.2019 has not been placed before us.
Learned counsel for the petitioner prays for and is granted a week's time for filing supplementary affidavit bringing of record the enquiry report dated 12.07.2019.
Put up as fresh on 17.12.2019 before the appropriate Bench.
The matter shall not be treated as tied up or part heard with this Bench. "
In compliance of the aforesaid order dated 10.12.2019, enquiry report has been filed which is already on record. We have seen the report.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent Nos. 1 to 6 and perused the record.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 11.11.2019, registered as Case Crime No. 0539 of 2019, under Section 419, 420, 409 I.P.C., at P.S.- Kotwali As per the F.I.R. petitioner along with another co-accused has been held guilty for embezzlement of Rs. 13,12,500.00.
Learned counsel for the petitioner submitted that petitioner has not committed any offence as alleged in the F.I.R. No time has been given in regard to the alleged incident. Petitioner is engaged on the post of District Consultant which has no role to play in any types of payment in any manner. He has been falsely implicated in the F.I.R. with false, frivolous and fabricated allegations Hence, the present F.I.R. may be quashed Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed off.
Order Date :- 17.12.2019 SY