Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Ajay Kumar Singh, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Shiv Baran Yadav with a prayer to issue a writ, order or direction in the nature of certioari quashing of the impugned F.I.R. dated 17.07.2021 lodged by complainant/respondent No.4 registered as F.I.R. No.0224/2021, under Section 409 I.P.C., Police Station Bhadokhar, District Raebareli with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioner in pursuance of the impugned F.I.R.
Learned counsel for petitioner submits that petitioner is a Village Development Officer, who was relieved from the place where he was earlier posted i.e. Development Block Rahi, District Raebareli and subsequently he was transferred to another place i.e. Development Block, Sarainee, District Raebareli and after seven months of the alleged incident, the impugned F.I.R. has been lodged against the petitioner only on the vague allegation that some government documents relating to the Village Panchayat, where the petitioner was earlier posted, are found to be missing. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and as per instruction received by him, states that the cheque book, register, passbook of the Village Panchayat, Development Block Rahi, District Raebareli, where the petitioner was earlier posted, are still missing. He further submits that the petitioner is named in the F.I.R and petitioner's involvement in the present crime cannot be ruled out. He further submits that from a perusal of impugned F.I.R., a cognizable offence is made out against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which discloses cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 12.8.2021 Shubhankar