Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 36527 of 2018 Petitioner :- Haji Jalal Uddin Qureshi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Tripathi,Ashok Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Upadhyay and Sri Rajesh Tripathi, learned counsels for the petitioners, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the letter dated 20.11.2018 sent by respondent no.2 to respondent no.4 asking him to arrest the petitioners in Case Crime No. 171/2003 under sections 409, 465, 468, 471, 120B IPC, 13(1) and 13 (2) Prevention of Corruption Act, PS. Nayee ki Mandi, District Agra.
Learned AGA has pointed out that sanction to prosecute the petitioners was granted by the competent authority on 03.03.2007 but subsequently an order was passed on 07.04.2011 by learned Single Judge of this Court in Writ Petition No. 15202 of 2004 in which he pointed out that the petitioner is not a 'public servant' (copy of the same is taken on record). In view of the same, the Investigating Officer of the case requested the competent authority to grant sanction but on 03.11.2018, an order was passed by the Under-Secretary, Madhyamik Shiksha Parishad, U.P., Lucknow that no sanction is required in terms of order dated 07.04.2011 of learned Single Judge of this Court passed in Writ Petition No. 15202 of 2004 and as the petitioner is not 'public servant', no sanction is required but till date, police report is not submitted.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit the police report before the Magistrate concerned within two weeks from the date of production of certified copy of this order.
Till then, no coercive action shall be taken against the petitioners in the aforementioned case.
The S.P. Agra shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 18.12.2018/Madhurima