Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7490 of 2018 Petitioner :- Ranjeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned AGA and perused the record.
This writ petition has been by the petitioners with the prayer to quash the impugned FIR dated 7.3.2018, which has been registered as Case Crime No. 26 of 2018, under Section 409, 419, 420, 467 IPC, P.S. Raja Ka Rampur, District- Etah so far it relates to the petitioner.
It has been contended that the petitioner, who is the Principal of Prathmik Vidhyalay Block Kishni, district Mainpuri has been raising construction in the said school and one classroom has not been completely constructed. It is next contended that on 7.3.2018, respondent no. 3 lodged first information report against the petitioner and other accused persons alleging therein that Government money has been misappropriated by them. It is further contended that on 23.1.2018, the petitioner was served notice stating therein that the construction of one class-room has been found incomplete and no date of construction has been given in the said notice. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned AGA opposed the aforesaid prayer. Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR. However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 28.3.2018 faraz