Allahabad High Court
Rajesh Kumar vs State Of U.P. And 3 Others on 6 October, 2020
Bench: Manoj Misra, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 10316 of 2020 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Dubey,Abhishek Mishra Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 30th January, 2020 registered as Case Crime No.0015 of 2020, under Sections 409, 420, 467, 468, 471, 204, 201 and 120-B IPC and Section 13(1)(d), 2 and 3 of Prevention of Corruption Act, 1988 at Police Station Jaitipur, District Shahjahanpur.
The impugned first information report is in respect of seeking employment by producing false T.E.T.-2011 certificate.
The contention of learned counsel for the petitioner is that on the said ground, the appointment of the petitioner was cancelled against which civil misc. writ petition no.45755 of 2016 has been filed which is pending.
It has not been demonstrated that any interim order has been passed in the said writ petition or there is any declaration with regard to genuineness of the T.E.T. certificate relied upon by the petitioner for seeking appointment.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted. However, it is expected that before coercive step is taken against the petitioner in the above case, the Investigating Officer shall himself seek verification of the T.E.T. certificate alleged to have been relied upon by the petitioner to seek appointment.
Subject to above, the petition is dismissed.
Order Date :- 6.10.2020.
Rks.