Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37589 of 2018 Petitioner :- Madhuri Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Diwakar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Diwakar Tiwari for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 22.8.2017 registered as Case Crime No. 771 of 2017 under Section 406, 420, 467, 468, 471 IPC, P.S. Puranpur. Distt. Pilibhit.
A perusal of FIR indicates that the allegation has been made that Vinod Pandey son of Naredradev Pandey, who is the President of Manyavar Kanshiram Educational Trust, had taken Rs. 80,000/- from the informants in the shape of security on the assurance of job in Sarva Shiksha Abhiyan. The informant was also given assurance to be paid Rs. 16,600/- as honorarium for teaching work, which was also not given to them from 15.9.2015. When the informants have demanded the honorarium then various pretext have been made.
So far as Vinod Pandey is concerned, the FIR was registered under Section 406 IPC against him but during investigation the police has included Sections 420, 467, 468, 471 IPC in Case Crime No. 771 of 2017. So far as petitioner is concerned, it is stated that the petitioner is an employee of Manyavar Kanshiram Educational Trust.
The counsel for the petitioner submits that whatever allegation made in the FIR has been against Vinod Pandey and not against the petitioner.
We have considered the arguments of the counsel for the parties.
The FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 22.8.2017 registered as Case Crime No. 771 of 2017 under Section 406, 420, 467, 468, 471 IPC, P.S. Puranpur. Distt. Pilibhit, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-