Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31153 of 2018 Petitioner :- Jai Prakash Baliyan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
We have heard learned counsel for the petitioner and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned First Information Report registered as Case Crime No. 858 of 2016, under Sections 467/420/468/471 I.P.C., Police Station Budhana, District Muzaffar Nagar so far as it relates to the petitioner and also for direction to the opposite parties not to arrest him in pursuance of the impugned F.I.R.
It is contended that the petitioner functioned as President of the Co- operative Society w.e.f. 10.7.2009 till 9.7.2012 and the allegation in respect of loan obtained fraudulently through Co-operative Society is prior to his election and the same becomes apparent from the finding recorded in the inquiry report on the basis of which first information report has been lodged, and thus no offence can be said to be made out against him.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioner shall not be arrested in the aforesaid case crime number till cogent and credible evidence is collected showing the complicity of the petitioner in the instant case, subject to his cooperation in the investigation, which will go on and shall be brought to a logical end.
Order Date :- 30.10.2018 SA