Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11123 of 2019 Petitioner :- Rajesh Kumari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hardev Prajapati Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30.09.2018 registered as Case Crime No. 915 of 2018, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kasganj, District Kasganj.
Although the allegations in the impugned first information report are that for seeking appointment as Aanganbadi Karyakatri the petitioner disclosed her sister's qualification as her own, when, in fact, it is alleged, the petitioner no.1 (Rajesh Kumari) did not hold such qualifications as a consequence whereof she obtained appointment in the name of Usha Devi, who happens to be her deceased sister.
The case of the petitioners is that the allegations are absolutely false which have been levelled through an application u/s 156 (3) Cr.P.C. at the instance of a distant relative who is inimical towards the petitioners and that no complaint has been made from Government officials. It has been submitted that the petitioners have not set up any false identity in fact the petitioner has been known as Usha Devi only and her Adhar Card is also with that name.
Be that as it may, since the correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, it would have to be determined on the basis of material collected during investigation whether the petitioner had been utilising her sister's identity/qualifications or whether the petitioner herself is Usha Devi. Under the circumstances, we decline to quash the first information report as prayed for.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 26.4.2019 Sunil Kr Tiwari