Hon'ble Yogendra Kumar Sangal,J.
Under challenge in the writ petition is FIR relating to Case Crime No. 637 of 2009 under Sections 467, 468, 419 and 420 IPC , Police Station
- Kharighat, district Bahraich.
Heard learned counsel for the petitioner, learned AGA for the State of U.P. and perused the material on record including the impugned First Information Report.
Learned counsel for the petitioner, however submits that earlier an FIR in Case Crime No. 344 of 2009 was lodged under Sections 419, 420, 467, 468 & 471 IPC, at Police Station Kharighat, district Baharich by one Chhote Lal, farmer against the petitioner who was working as Branch Manager in the Bank from where loan was disbursed through Kisan Credit Card by fixing photographs of fictious persons and also by submittng forged documents. A writ petition No. 11616 of 2009 was filed by the petitioner for quashing of the FIR. This court vide its order dated 16.12.2009 refused to quash the FIR but considering the over all aspect of the matter issued a direction that the petitioner shall not be arrested in the above mentioned case crime number till filing of the report under under Sections 169/173 Cr.P.C., as the case may be subject to cooperation in investigation of the petitioner (Annexure No. 5). Learned counsel submits that another report was lodged in case crime no. 637/09 under Sections 467, 468, 419 & 420 IPC against 11 such persons in respect of whom fictitious photographs and documents were filed. It is said that though petitioner is not named in this FIR but police is now trying to arrest him on the basis of this FIR. The FIR discloses commission of cognizable offence, therefore it cannot be quashed.
However, in view of the above facts and circumstances and also having regard to the aforesaid order passed by another Division Bench of this Court, it is provided that unless and until cogent and credible evidence against the petitioner is collected, he shall not be arrested during investigation which shall go on, subject to his cooperation. With this observation, the writ petition is finally disposed of. Order Date :- 28.1.2010/Kaushal