Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11333 of 2019 Petitioner :- Satya Prakash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Sahai,Bhavya Sahai,Narendra Kumar Singh Yadav,Rajendra Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s) and Km. Meena, learned A. G.
A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0145 of 2019, under Sections 420, 467, 468, 471, 120B IPC and section 7/13 of the Prevention of Corruption Act, P.S.- Ali Nagar, District- Chandauli.
Learned counsel for the petitioner(s) submitted the petitioner was working as an inspector at forest check post; even if the prosecution story is believed to be true, the allegation is that certain trucks which were overloaded was shown as under load, receipts were issued and the balance amount i.e. the difference of the amount was being pocketed by the forest department; raid was committed behind the back of the petitioner and the petitioner was not present at the time when the raid was being committed; all the receipts said to be issued by the forest department do not bear the signature of the petitioner which may show the involvement of the petitioner; it is only on the basis of some oral statements made by the truck drivers the petitioner has been implicated in the present case; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-
operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 30.4.2019 Kuldeep