Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23406 of 2018 Petitioner :- Dev Mani Dubey @ Makkhad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Desh Ratan Chaudhary,Sanjay Dwivedi Counsel for Respondent :- G.A.,Yatharth Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Dwivedi, learned counsel for the petitioner, Yatharth Srivastava, learned counsel for the private respondent, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 09.08.2018 registered as case crime no.191 of 2018 under sections 419, 420, 409, I.P.C., police station Padri, District Mirzapur.
Learned counsel for the petitioner submits that the petitioner is neither a Pradhan nor the Secretary of the village Panchayat and he has no concern with the embezzlement, if any, in the matter.
Learned A.G.A. as well as learned counsel for the private respondent vehemently opposed the prayer for quashing but could not dispute the aforesaid facts.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 AU