Allahabad High Court
Rajesh Sagar vs State Of U.P. And 3 Others on 2 December, 2019
Bench: Manoj Misra, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 24555 of 2019 Petitioner :- Rajesh Sagar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rashtrapati Khare,Shashi Bhushan Rai Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned A.G.A. for respondents 1 to 3 and perused the record.
The instant petition seeks quashing of the first information report dated 18.11.2019, registered as Case Crime No. 355 of 2019, at P.S. Dataganj, District Budaun, under Sections 409, 477A I.P.C.
The allegations in the impugned first information report are in respect of destruction of records for the purposes of avoiding discovery of embezzlement. The petitioner is alleged to be one of the clerks posted in the department.
The contention of the learned counsel for the petitioner is that the petitioner is not responsible for destruction of the records.
It is well settled that defence of the accused is not to be considered at this stage. Since the first information report discloses commission of cognizable offence, the matter would have to be investigated.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 2.12.2019 Vandana