Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34354 of 2018 Petitioner :- Nirmala Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 16.6.2011 registered as Case Crime No. 182 of 2011, under Section 419, 420, 467, 468, 469, 409, 471 IPC, P.S. Khaga, Distt. Fatehpur.
A perusal of the FIR indicates that in substance the allegation has been made that in District Co-operative Bank, Branch Khaga, Distt. Fatehpur, irregularities have been committed in disbursing the loan and maintaining its record due to which interest could not be realized timely.
The counsel for the petitioner submits that before lodging the FIR, the department has conducted inquiry and persons who were found in committing the irregularities, were named in the FIR.
So far as petitioner is concerned, she was never posted at Branch Khaga, Distt. Fatehpur therefore, she cannot be made responsible in respect of irregularities relating to loan accounts of District Cooperative Bank, Branch Khaga.
We have considered the arguments of the counsel for the petitioner and examined the record.
Since 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 16.6.2011registered as Case Crime No. 182 of 2011, under Section 419, 420, 467, 468, 469, 409, 471 IPC, P.S. Khaga, Distt. Fatehpur till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 29.11.2018 Rahul /-