Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11405 of 2010 Petitioner :- Kanhaiya Chaubey Respondent :- State Of U.P. & Others Petitioner Counsel :- Sudhakar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Supplementary affidavit filed today be kept on the record.
Heard learned counsel for the petitioner and the learned A.G.A.
By this writ petition, the petitioner has prayed for quashing the first
information report registered as Case Crime No.194 of 2010, under Section
409 of I.P.C., Police Station Reoti, district Ballia.
Petitioner’s case in the writ petition is that was elected Pradhan prior to the
year 2005 and he was sanctioned some amount for construction of Anganbadi
Bhawan. One installment was withdrawn for construction of the wall of
Panchayat Bhawan. It is submitted that rest of the installments have neither
been withdrawn nor misused but now the first information report has been
lodged.
A perusal of the first information report discloses commission of offence,
hence no case is made out for quashing the first information report in exercise
of writ jurisdiction. However, in facts of the present case we provided that till
submission of report under Section 173(2) of Cr.P.C., the petitioner be not
arrested in Case Crime No.194 of 2010, under Section 409 of I.P.C., Police
Station Reoti, district Ballia.
The writ petition is disposed of accordingly.
Order Date :- 30.6.2010
Rakesh