Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 33680 of 2018 Petitioner :- Surendra Prakash Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioner, Sri Irshad Hussain, 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 with the prayer to call for the record of the case and quash the impugned FIR dated 22.10.2018, case crime no.1084 of 2018, u/s 13(1)(C), 13(1)(d), 13(2) of P.C. Act and 409, 420, 120-B IPC P.S. Civil Line, district Moradabad.
Learned counsel for the petitioner submits that in pursuance of the order of the Apex Court, the State Government has issued a Government Order on 29.9.2015 directing the District Magistrates of the State to consider the same and take action according to the orders of the Apex Court in appropriate cases. The petitioner prepared the report and the orders were passed by the Additional District Magistrate, Moradabad in pursuance of the Government Order dated 29.9.2015. The entire allegations levelled in the impugned FIR has completely ignored the Government Order dated 29.9.2015 in respect of the land falling under the Urban Ceiling Act. Moreover in the FIR the amount of loss to the State Exchequer has not been mentioned. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts of the case and the submissions made by learned counsel for the parties, the Director, Vigilance U.P., Lucknow is directed to ensure that the investigation of the present case is completed within eight weeks from the date of production of this order before him.
It is further directed that the petitioner shall not be arrested in above mentioned case, till submission of the police report under section 173(2) Cr.P.C.
With the aforesaid directions, this writ petition is finally disposed of.
The Registrar General of the Court is directed to send the certified copy of this order to the Director, Vigilance U.P., Lucknow for necessary information and it's compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.11.2018 Gaurav