Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25429 of 2018 Petitioner :- Satendra Singh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ram Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Kumar, learned counsel for the petitioner, Sri Pawan Shukla, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 22.6.2010 registered as case crime no. 452 of 2010 under section 409 I.P.C., police station Highway, District Mathura.
Learned counsel for the petitioner submits that there appears to be no evidence against the petitioner. He has drawn the attention of the Court towards the enquiry report copy of which is annexed at pages-34 and 35 of the present petition. He submits that after the said enquiry conducted by the department, the petitioner was reinstated in service and moreover, the money in question has already been deposited in the bank, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Shiraz