Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6759 of 2021 Petitioner :- Km. Anita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Bhan Singh,Shiv Nath Singh(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioner herein seeks for quashing of the First Information Report dated 23.07.2021 registered as Case Crime No.0396 of 2021 under Sections 420 and 409 I.P.C P.S-Dibiyapur District-Auraiya.
Heard Sri Shiv Nath Singh learned Senior Advocate assisted by Sri Surya Bhan Singh learned Advocate for the petitioner herein.
Seeking for quashing of the first information report, it is argued by the learned Senior Advocate that no role can be attributed to the petitioner herein of making illegal payment to the alleged beneficiaries of the scheme namely Pradhan Mantri Awas Yojana (Shahri).
It is stated that the petitioner herein was merely a contractual outsourced employee who was posted as City Mission Manager in the scheme concerned. The liability of payment to the beneficiaries was that of the Project Officer and the petitioner was only assigned the task of feeding data in the computer with regard to the payment made to the beneficiaries. In any case, at any stage of the processing of the claim, the petitioner herein cannot be said to be associated. The inquiry report levelling allegations against the petitioner, therefore, is wrong.
Considering the said submissions, suffice it to note that in the preliminary inquiry conducted by the Inquiry Committee constituted by the District Magistrate, the petitioner herein had been found prima facie guilty along with the Project Manager. The inquiry report had been submitted after seeking explanation of the petitioner herein.
A perusal of the inquiry report filed as Annexure-'13' to the writ petition indicates that categorical finding has been recorded therein against the petitioner regarding misappropriation of the public fund. It is not possible for us to take any exception to the inquiry report within the scope of the present petition.
For the fact that the first information report had been lodged after making a preliminary inquiry in the allegation of misappropriation of public fund, it cannot be said that no cognizable offence is made out against the petitioner.
The merits and demerits of the allegations cannot be examined within the scope of Article 226 of the Constitution of India. Moreover, any interference at this stage may impede the speedy investigation.
The writ petition is, thus, found devoid of merit and hence dismissed.
Order Date :- 23.9.2021 Harshita