Court No. - 20 Case :- MISC. BENCH No. - 6528 of 2010 Petitioner :- Amar Bahadur Singh Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Dilip Pandey Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A and perused the FIR.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR dated 07.07.2010 registered in
case crime 493 of 2010, under Sections 218, 420, 467, 471 I.P.C. and 7/13
Prevention of Corruption Act at Police Station Naka Hindola, District
Lucknow and also for direction to the opposite parties not to arrest the
petitioner in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioner is that the petitioner, who
is senior clerk in ITI, Aliganj, Lucknow, is said to be present in Hotel Ambar,
Lucknow. When the raiding team reached there and he after seeing them fled
away along with others. He was not arrested on the spot. His name was
disclosed by others. Therefore, there is no evidence against the accused
petitioner. He, therefore, needs protection during investigation.
Learned A.G.A. opposed the petition and argued that the accused-petitioner
along with others was involved in corruption who was charging Rs. 5000/- per
candidate for favouring them in the examination. Therefore, petitioner does
not deserve for any protection.
Considered the submissions of learned counsel for the petitioner and learned
A.G.A. The allegations made in the FIR disclose the commission of offences
mentioned therein, therefore no ground to quash the FIR lodged by the
complainant against the petitioner is made out. The petition is any devoid of
merit and is liable to be dismissed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioner appears before the court concerned and
moves any bail application, the same will be disposed of by the courts below
expeditiously.
Order Date :- 14.7.2010
Renu