Allahabad High Court
Vashisht Kushwaha And Another vs State Of U.P. And 3 Others on 3 November, 2020
Bench: Bachchoo Lal, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. WRIT PETITION No. - 11847 of 2020 Petitioner :- Vashisht Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondents no. 1 to 3 and perused the record.
The present petition has been filed for quashing the first information report dated 22.7.2020 registered as Case Crime No. 480 of 2020, under Section 419, 420, 467, 468, 471, 409 IPC, P.S.- Kotwali, District- Deoria with further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
It has been contended by the learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in the present case with malafide intention. He further submitted that the petitioners got appointment on contract basis as part-time teacher in institution in question for a period of one year in the year 2011 and thereafter the appointment of the petitioners were renewed for year by year. The petitioners have submitted their documents with regard to their education. The petitioners have not prepared any forged documents. False allegation has been made against the petitioners. No offence is made out against the petitioners. It has further been submitted that co-accused Vijay Singh and Sunita Gautam has been granted protection by this Court in Criminal Misc. Writ Petition Nos. 7963 of 2020 and 8506 of 2020 vide orders dated 25.8.2020 and 31.8.2020 respectively. The case of the petitioners is also identical to the case of above co-accused, therefore the petitioners are also entitled for same relief.
Learned A.G.A., opposed the prayer for quashing the FIR.
Having heard the submissions advanced by the learned counsel for the parties as well as other material brought on record, we are not inclined to quash the impugned FIR, therefore the prayer for quashing the same is hereby refused.
However, considering the peculiar facts and circumstances of the case and submission advanced by the learned counsel for the parties, we dispose of this petition with a direction that the petitioners Vashisht Kushwaha and Arvind Kumar Singh shall not be arrested in the aforesaid case till submission of the police report under Section 173(2) Cr.P.C, however, the petitioners shall cooperate and participate with the investigation.
Order Date :- 3.11.2020/A.