Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37533 of 2018 Petitioner :- Sanjay Kumar Rai @ Sanjay Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pragya Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Sri Kripa Shankar Mishra has put appearance on behalf of Sri Ashutosh Rai, on whose complaint, the inquiry was conducted, but the F.I.R. was lodged by Project Director of District Rural Development Agency, Jaunpur, as such, at present, Sri Ashutosh Rai has no locus standi to oppose the writ petition.
Heard Ms. Pragya Pandey for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 8.12.2018 (registered as Case Crime No. 0715 of 2018), u/s 419, 420, 467, 468, 471 I.P.C., P.S. Line Bazar, district Jaunpur.
Counsel for the petitioner submits that on the basis of inquiry report dated 27.9.2018, the present F.I.R. has been registered, although the petitioner has filed an application for recall of the order dated 27.9.2018 and the recall application is still pending. It is stated that pendency of dispute relating to civil nature will not affect the criminal proceeding.
A perusal of the F.I.R. shows that in substance, allegation has been made that the petitioner was running a school and for construction of a class room, verandah and toilet, fund of Rs. 2 lakhs was released in the year 2004-05 and Rs. 5 lakhs was released in the year 2005-06. Thereafter, construction was done. On inquiry, it was found that construction was done on plot no. 413/640 and plot no. 413/652, which were lands of Panchayat Bhawan and Junior High School. Thus, the construction has been illegally done over the belonging of others. Thus, the F.I.R. discloses cognizable offence, as such, it is not liable to be quashed.
However, it is observed that in case the petitioner surrenders before the court below within one month from today and applies for bail, the same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of one month from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioner to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 21.12.2018/Jaideep/-