Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2378 of 2019 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kant Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Dwivedi, learned counsel for the petitioner, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 16.1.2019, registered as case crime No.19 of 2019, under Sections 419, 420, 468, 471, 186 I.P.C., Police Station Barhaj, District Deoria.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that on 16.12.2018 the Nagar Palika Parishad, Gaura, Barhaj, Deoria invited tenders/bids on Gem (Government e-Marketplace) portal for supply of 250 Unit of 60 Litres Twin Dustbin capacity 120 Litres Sintex make. The petitioner also submitted his tender along with other persons on 26.12.2018 and since the petitioner's rate for supply of said dustbins was lowest, he was given the work order by the Nagar Palika Parishad on 12.1.2019. He next argued that respondent no.4 being Clerk, Swacch Bharat Mission, Nagar Palika Parishad, Gaura, Barhaj, Deoria has lodged the impugned FIR against the petitioner levelling absolutely false, frivolous and baseless allegations against the petitioner, though the petitioner has not yet supply the aforesaid dustbins in pursuance of the work order. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. .
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 29.1.2019/NS