Allahabad High Court
Madhav Prasad Tewari vs State Of U.P., Thru. Prin. Secy.,Home & ... on 21 July, 2010
Bench: Raj Mani Chauhan, Virendra Kumar Dixit
Court No. - 20 Case :- MISC. BENCH No. - 6780 of 2010 Petitioner :- Madhav Prasad Tewari Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Lalit Kishore Tiwari Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A as well as perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned FIR dated 13.07.2010 registered in case crime No. 591 of 2010, under Sections 420, 467 I.P.C. at Police Station Kotwali City, District Balrampur and also for direction to the opposite parties not to arrest the petitioner in pursuance to the said impugned FIR. The submission of learned counsel for the petitioner is that as per version of the FIR, the petitioner was found running Pioneer Public School, District Balrampur from Class I to VIII without any recognition. In fact, the petitioner has already obtained two separate temporary recognition from Class I to V and another for Class VI to Class VIII. The application of the petitioner for permanent recognition is pending before the authorities which have been recommended by the Nagar Shiksha Adhikari. In this way, petitioner is not guilty for any offence as mentioned in the FIR. He, therefore, needs protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioner and learned A.G.A.
Keeping in view of the facts and circumstances of the case as well as documents available on record, the writ petition is being finally disposed of with the observation that the petitioner will not be arrested in aforesaid case crime number till credible and cogent evidence is collected by the Investigating Officer against him or filing of charge sheet/police report under Section 173 Cr.P.C, whichever is earlier, subject to his cooperation in the investigation which will go on.
Order Date :- 21.7.2010 Renu