Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 4995 of 2018 Petitioner :- Nishro Jahan Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Suman Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner is the erstwhile Village Pradhan of Village Noorpur, Police Station Didarganj, district Azamgarh. The allegation against her is that she did not get the toilets constructed and completed for which the money had been disbursed from Government funds and was directly despatched in the bank account of the Gaon Sabha operated by the petitioner and the concerned Panchayat Secretary.
Learned A.G.A. contends that this has been done after a formal enquiry has been conducted into the matter and the lapses were actually found to be existing on the basis whereof it has been construed that the petitioner has either misappropriated or embezzled the funds.
The case being one of mis-appropriation of Government funds it will not be appropriate for this Court to grant indulgence to the extent of quashing of the first information report when the allegations contained therein can not be said to be frivolous.
Consequently in view of the admitted position in the first information report that a majority of the toilets had already been constructed we provide that the petitioner may not be arrested till submission of police report under Section 173(2) Cr.P.C. before the court concerned provided the petitioner cooperate in the investigation and the Investigating Officer is directed to complete the investigation process not later then three months from today relating to F.I.R. No./Case Crime No.0010 of 2018, under Sections 409, 420 I.P.C., Police Station Didarganj, district Azamagarh.
The writ petition stands disposed of with the aforesaid direction.
Order Date :- 27.2.2018 R./