Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2878 of 2021 Petitioner :- Mohammad Shafiq Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharnidhar Pandey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 12.2.2021 registered as Case Crime No.11 of 2021, under Section 409, I.P.C., Police Station- Khesaraha, District- Siddharth Nagar. Further prayer has been made to direct the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that neither the petitioner is Gram Pradhan nor Secretary. He is simply a village man. He has no concern with the embezzlement committed by the Gram Pradhan. Due to village politics he has falsely been implicated in the present case with malafide intention. Offence under Section 409, IPC is not made out against the petitioner.
Per contra learned A.G.A. opposed the prayer for quashing the impugned first information report and argued that the petitioner is named in the FIR. The FIR has been lodged after an inquiry. In the inquiry it has been found that the Gram Pradhan was an illiterate lady. She was totally depended upon the petitioner for performing her work. In the inquiry embezzlement of Rs.1,36,81,076/- has been found against the Gram Pradhan and the petitioner, hence, impugned FIR has been lodged against them. From the allegations made in the first information report prima facie cognizable offence is made out, therefore, impugned first information report is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioner to quash the impugned First Information Report cannot be accepted and the same is, hereby, refused.
The petition is dismissed.
Order Date :- 7.4.2021 T. Sinha