Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13935 of 2018 Petitioner :- Murli Dhar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Mani Vishwakarma Counsel for Respondent :- G.A.,A.K.Sinha Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Mahendra Bahadur Singh and Sri Shashank Singh, Advocates have filed their power on behalf of Manager of the institution namely Malti which is taken on record.
Heard Sri Raj Mani Vishwakarma, learned counsel for the petitioner, Sri Mahendra Bahadur Singh and Sri Shashank Singh, appearing on behalf of Manager of the institution namely Malti and Sri A.K. Sand, learned AGA for the State and perused the record.
Sri A.K. Sinha, learned counsel for the caveator/respondent no.4 states that he may be permitted to withdraw his power in the present case. He is permitted to do so.
This petition has been filed with the prayer to quash the F.I.R. dated 12.5.2018, registered as Case Crime No.101 of 2018, u/s 409 IPC, P.S. Baxa, district Jaunpur.
Learned counsel for the petitioner submits that the misappropriation of fund of the education institution against the petitioner is wholly false and incorrect while the petitioner developed the institution with full honesty. The petitioner is an old person aged about 90 years, the said fact is mentioned in para no.11 of the present petition. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. as well as learned counsel appearing on behalf of Manager of the Institution opposed the prayer for quashing of the FIR and submitted that as per Adhar Card, petitioner is aged about 84 years.
Taking into account the age of the petitioner who is stated to be 84 years and also considering the submissions advanced by learned counsel for the parties, 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 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 :- 28.5.2018/Gaurav