Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4824 of 2019 Petitioner :- Junior Engineer Bhim Singh @ Bhim Sen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bheshaj Puri Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 02.01.2019, registered as Case Crime No. 0004 of 2019, under Sections 420, 406, 409 of IPC, PS- Civil Lines, District- Rampur.
It is submitted by learned counsel for the petitioner that the petitioner is a retired employee and FIR has been lodged after almost 10 years of the alleged defalcation coupled with the fact that there is no allegation in the FIR that the informant was diligently pursuing his claim before the authority concerned for the payment of his outstandings, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 22.2.2019 V.S.Singh