Allahabad High Court
Radhey Shyam vs State Of U.P. Thru Prin. Secy. Home Lko. & ... on 19 October, 2020
Bench: Ritu Raj Awasthi, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 16962 of 2020 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Thru Prin. Secy. Home Lko. & Ors. Counsel for Petitioner :- Vineet Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ritu Raj Awasthi,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the opposite party nos. 1 and 2 and perused the record.
This petition seeks issuance of direction in the nature of Certiorari for quashing the impugned First Information Report dated 13.07.2020 lodged by respondent no. 3 in Case Crime No. 0263 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C. at Police Station Kotwali City, District Hardoi.
Learned counsel for the petitioner, for the purpose of interim relief submits that the service of petitioner has been terminated by Basic Education Officer, Hardoi. It has further been submitted that the petitioner had approached this Court by filing Writ Petition No. 418 (S/S) of 2020 which is pending before this Court. Learned counsel further submits that in an identical case, the services of other persons have also been terminated and they have approached this Court and the impugned order has been set aside. However, due to pendency, the matter of the petitioner's could not be taken up before the appropriate Court where the same is pending. The case of the petitioner stands on same footing in which an order dated 09.01.2020 has been passed by this Court in Service Single No.404 of 2020 (Satyendra Kumar vs. State of U.P.Thru Secy. Basic Education Deptt. Lko & Ors.) So in view of the said fact, arrest of the petitioners may be stayed in pursuance of impugned F.I.R.
Learned counsel for petitioner further submits that in the similar facts and circumstances this Court in Writ Petition No. 6424 (MB) of 2020 has granted protection to the petitioner. The case of petitioner is on similar footing.
Issue notice to the opposite party no. 3.
After hearing learned counsel for the parties and going through the record, as an interim measure, we provide that till the next date of listing or till the filing of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in pursuance of impugned First Information Report. However, the petitioner will co-operate with the investigation.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List thereafter.
Order Date :- 19.10.2020 A.K. Singh