In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3137 of 2021 Petitioner :- Rajesh Gaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and perused the records.
By means of present writ petition, the petitioner is seeking quashing of FIR dated 06.08.2019 registered as Case Crime No. 0341 of 2019, under Section 409 IPC, Police Station Khair, District Aligarh, It is contended that the petitioner is a retired Assistant Collection Amin and the allegation in the FIR lodged after five years from the date of alleged occurrence was not in the knowledge of the petitioner. When he got knowledge of the FIR, he had approached to deposit the money, allegedly kept by him, in the Government exchequer. It is stated by the petitioner that there is no any other earning member in the family. In case, he is arrested, his family would starve during pandemic.
Considering the submission made by learned counsel for the petitioner and the material on record, though we do not find any reason to quash the First Information Report but for the assertions made herein, it is provided that the petitioner shall not be arrested pursuant to the aforesaid First Information Report, till submission of the police report under Section 173(2) Cr.P.C. He shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 21.5.2021 gp