Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State through the video conferencing and perused the record.
The filing of the certified copy of the impugned FIR is exempted. The exemption application is allowed.
The present writ petition has been filed by the petitioner for quashing the first information report dated 7.4.2021 registered as Case Crime No. 0253 of 2021,under Section 7/13/ (1) Prevention of Anti corruption Act, 1988 P.S.- Murad Nagar, District Ghaziabad with further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that the petitioner is not named in the first information report. The recovery of Rs. 4000/- has been shown from the possession of named accused constable Sandeep Kumar. The petitioner was posted with Sandeep Kumar at Toll Plaza on the same day and due to which the petitioner has falsely been implicated in the present case. No recovery has been made from the possession of the petitioner. In first information report it has been mentioned that the petitioner has not been found present in the police station when he was searched. It has further been submitted that it was not in the knowledge of the petitioner that constable Sandeep Kumar has obtained Rs. 4000/- from the accused Kulveer. There is no cogent evidence on record against the petitioner to connect with the alleged offence. No offence is made out against the petitioner, therefore the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that the petitioner left the premisses of police station when he was searched. The petitioner was also posted with constable Sandeep Kumar, from whose possession the recovery has been made, therefore the impugned FIR is not liable to be quashed.
The name of the petitioner came itself in the first information report and it has been mentioned that after recovery of money from the constable Sandeep Kumar, when the petitioner was searched in the premisses of police station. He was not found there and he left the premisses of police station without any information. Admittedly, the petitioner was posted at Toll Plaza with the constable Sandeep Kumar, from whose possession the money has been recovered.
Considering the facts and circumstance of the case, we do not find it a fit case for quashing the impugned FIR, therefore the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 18.5.2021 A.