Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24224 of 2019 Petitioner :- Mohd. Shafi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kameshwar Rao Counsel for Respondent :- G.A.,Ajal Krishna
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; Sri Ajal Krishna for respondent no.4 and perused the record.
The instant petition seeks quashing of the first information report dated 13th October, 2019 registered as Case Crime No.0584 of 2019, under Sections 420, 467, 468, 471 and 409 IPC at Police Station Civil Lines, District Aligarh.
The contention of learned counsel for the petitioner is that although the allegations may disclose commission of cognizable offence but it is highly improbable that a person, who is a mere class-IV employee, like the petitioner, would be in a position to embezzle the amount, particularly when he has no power to disburse the fund. It has been submitted that the petitioner has unnecessarily been implicated in this case as a scape goat.
Be that as it may, as the allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the fact that the petitioner is a mere class-IV employee, as per own allegation in the impugned first information report, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioner shall not be arrested provided he co-operates in the investigation and submits himself for interrogation as and when required by the Investigating Officer and also provides his specimen signature and thumb impression for the purposes of investigation, if required by the Investigating Officer.
Order Date :- 28.11.2019. Rks.