Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25616 of 2019 Petitioner :- Sudhakar Prasad Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Singh,Kamal Krishna (Senior Advocate) Counsel for Respondent :- G.A.,Anand Kumar Pandey
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Ajeet Kumar Singh for the petitioner, the learned A.G.A. and Sri Anand Kumar Pandey, learned counsel for respondent no.4.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent no.3, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 15.04.2019 registered as Case Crime No.134 of 2019, under Sections 419, 420, 467, 468, 471 & 120-B I.P.C., Police Station Bairia, District Ballia.
It is submitted by the learned Senior Counsel that the petitioner is the Principal of a P.G. College, informant a student leader, F.I.R. is an outcome of malice and mischief as after the dismissal of the Writ Petition No.30499 of 1990, his services were resumed under the order of Management Committee dated 06.04.1994, all allegations are mala fidely motivated only with a view to harass the petitioner.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 17.12.2019 Radhika