Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25769 of 2018 Petitioner :- Smita Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 27.06.2009 registered as case crime no.546 of 2009 u/ss. 409, 420, 467, 468, 471, 477A, 120B IPC & 13 (1) D r/w 13 (2) Prevention of Corruption Act, PS. Etmaddaula, District Agra.
Learned counsel for the petitioner submits that the petitioner has already retired from service 11 years ago on 30.11.2007 whereas the present FIR was registered in the year 2009. He further submits that the co-accused approached this Court in Crl. Misc. Writ Petition No. 3488 of 2018 in which interim relief was granted to him vide order dated 13.02.2018. The said fact is mentioned in para 12 of the petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
The investigating officer of the present case is directed to conclude the investigation against the petitioner with regard to the present case expeditiously preferably within a period of four weeks from the date of production of certified copy of this order.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018/Madhurima