Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3776 of 2019 Petitioner :- Geeta Devi And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Ashish Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
On 13.2.2019 the following order was passed:-
"The petitioners are allottees under Prandhmantri Awas Yojna. The allegation is that fraudulently they have obtained allotment.
The defence taken in this petition is that persons, who are responsible for allotment, have obtained protection from this Court till submission of police report under Section 173 (2) Cr.P.C.
As the petitioners are beneficiaries of the allotment, the petitioners would have to explain that they were eligible for such allotment and that they had applied by setting up bona fide eligibility criteria on the basis of which they secured allotment.
At this stage, the learned counsel for the petitioners prays for and is allowed a week's time to file a supplementary-affidavit disclosing eligibility of each of the seven petitioners for allotment under the Prandhanmantri Awas Yojna along with documents.
List this case on 27.02.2019. "
Learned counsel for the petitioners fairly stated that co accused of Case Crime No. 205 of 2018, under Sections 409, 420, 421, 467, 468, 471, 477 IPC, at P.S. Achhalda, District Auraiya had filed Criminal Misc Writ Petition No. 3855 of 2019 for quashing of the FIR but that writ petition has been dismissed upon finding that the FIR discloses commission of cognizable offence.
Learned counsel for the petitioners could not demonstrate that the petitioners were eligible and had applied bonafide. However, he prays that since the petitioners are innocent ladies they may be granted protection till submission of the police report.
In such matter, where fraud has been played to obtain benefits of Govt. Scheme, no sympathetic view need be taken. Petitioners are at liberty to apply for bail.
Subject to above, the writ petition is dismissed. Order Date :- 27.2.2019 RavindraKSingh