Allahabad High Court
Sri Mahender Singh @ Sri Mahendra Singh ... vs State Of U.P. And 3 Others on 8 April, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:61059-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 3353 of 2023 Petitioner :- Sri Mahender Singh @ Sri Mahendra Singh Ji And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhinav Gaur,Ankit Shukla,Gyan Prakash Shrivastava,Sr. Advocate Counsel for Respondent :- Arvind Kumar Dixit,G.A. Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
1. Heard learned counsel for the petitioner, Sri Arvind Kumar Dixit, learned counsel for respondent no. 4learned counsel for the respondent and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.12.2022 registered as Case Crime No. 507 of 2022 under sections- 166, 167, 419, 420, 467, 468, 471 and 477-A of IPC, Police Station- Vidhuna, District - Auraiya, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. On 22.05.2023, the following interim order was passed:-
"Rejoinder affidavit filed in Court today is taken on record.
Heard Sri Anoop Trivedi, learned Senior Advocate for the petitioners, Sri Arvind Kumar Dixit, learned counsel for the fourth respondent and also learned AGA for the State.
The writ petition seeks quashing of the F.I.R. dated 27.12.2022 giving rise to Case Crime No.507 of 2022, under Sections 166, 167, 419, 420, 467, 468, 471 and 477-A I.P.C., Police Station- Vidhuna, District- Auraiya.
The contention of learned counsel for the petitioners, shorn of unnecessarily details is that almost all the petitioners Senior Officials of Central Bank, details whereof are to be found in paragraph 14 on wards, in the writ petition. They do not have a direct nexus insofar as the allegations in the First Information Report are concerned. Therefore, the First Information Report insofar as the petitioners are concerned, is vexatious and abuse of process.
The fourth respondent has submitted that he had been making complaints about the illegalities being committed and that thereafter to loss over the complaints,a fabricated audit report was got prepared by the Senior Officials of the Bank. The charges were so serious that a First Information Report should have been lodged, which was not done. It is also submitted that the forged and fabricated audit report was prepared at the Zonal Office Level and that the petitioners in this writ petition are all Zonal Office Officials.
Learned A.G.A. has submitted that the role of the Bank officials does not appear to be bona-fide. Action has been taken and an order of dismissal has been passed against a retired Manager. He also submitted that the role of the petitioners, if any, can only be determined after investigation.
Counter affidavit and rejoinder affidavit have been exchanged List this petition for hearing in the 1st week of July, 2023.
Till that date, the petitioners against whom no specific allegation is to be found in the First Information Report shall not be arrested consequent to the impugned F.I.R. dated27.12.2022 giving rise to Case Crime No.507 of 2022, under Sections 166, 167, 419, 420, 467, 468, 471 and 477-A I.P.C., Police Station- Vidhuna, District- Auraiya.
This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioners shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order."
4. In view of the above interim order, petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation.
5. S.S.P., Auraiya, is directed to complete the investigation within period of six weeks from today.
Order Date :- 8.4.2024 Abhishek (Surendra Singh-I,J.) (Siddharth,J.)