Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5629 of 2019 Petitioner :- Jagdish Prasad Rajpoot Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
The exemption application is allowed.
Heard Sri Ansar Ahmad, learned counsel for the petitioner and Ms. Sanyukta Singh, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. dated 01.02.2019 which has been registered as Case Crime No.03 of 2019, under Sections 409, 420, 467, 468, 471, 120-B, IPC, and Section 13(2) Anti Corruption Act, Police Station E.O.W. Sector Kanpur, District Etawah.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that the present FIR was lodged after a preliminary inquiry was conducted and the report was submitted; that the the preliminary inquiry report itself has been stayed by an order of a learned Single Judge of this Court vide order dated 17.11.2018, copy of which is annexed on page no.125; that petitioner has retired from service in the year 2012 and the present FIR was lodged on 01.02.2019, i.e. after seven years of retirement of the petitioner; that even otherwise the petitioner has no role to play an controversy in issue.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, without expressing any opinion on the merit of the case at this stage, we disposed of finally the present writ petition, with the direction that the police authority concerned will now complete the investigation within a period of three months from the date of production of certified copy of this order and the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally disposed of.
It is being made very clear that the police authority under all circumstances will complete the investigation within three months in pursuance of the said FIR. In case the petitioner did not participate with the investigation, liberty is given to the State authority to move a recall application before this Court itself.
Order Date :- 28.2.2019 Mini