Hon'ble Rajeev Singh,J.
The present writ petitions are being decided by the common order.
Heard Shri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parihar, learned counsel for the petitioner, Shri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petitions have been filed by the petitioners, seeking quashing of the First Information Report of Case Crime No.0376 of 2020, under Sections 419, 420, 409 I.P.C., Police Station Tarabganj, District Gonda, with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioner namely Girijesh Kumar Pandey is working on the post of Additional Programme Officer and the petitioner namely Shyam Kumar is working on the post of Assistant Accountant Officer. He further submits that the impugned F.I.R. has been lodged by the respondent No.4 with the allegation that the petitioners embezzled the money amounting to Rs.12.57/- Lacs sanctioned for the work under MANREGA Project, without doing any work on the said project. He further submits that the said work was done and the same was executed by the contractor and the evidences relating to the work has already been filed. He further submits that on the recommendation of the Deputy Commissioner of Labour Employment, Gonda, the impugned F.I.R. has been lodged against the petitioners and recovery proceeding has also been initiated against them.
Learned A.G.A. opposes the prayer of petitioners and submits that the embezzlement of Rs.12.57/- Lacs was done by the petitioners along with the Raja Ram and M/S Ram Krishna Constructions, which was allocated for the said work under MANREGA Project and recovery proceedings have also been initiated against them, and the evidences have been collected during the course of investigation, therefore, the present petitions be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
In view of the same, both the writ petitions are hereby dismissed.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 9.2.2021 S. Shivhare