Court No. - 20 Case :- MISC. BENCH No. - 6612 of 2010 Petitioner :- Shyama Devi & Others Respondent :- State Of U.P., Thru. Prin. Secy., Home & Others Petitioner Counsel :- Pramod Kumar Shukla Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioners is that the petitioner
no.1, Shyama Devi, is the sitting Pradhan of the village and petitioner no.2,
Devtadeen is her husband who earlier had been Pradhan of the village. The
case relates to financial irregularities committed by both during their tenure.
The petitioner no.3, Sachchidanand Shukla and petitioner no.4, Shravan
Kumar Shukla are Village Development Officers. Learned counsel for the
petitioners submits that the impugned First Information Report has been
registered by the police in pursuant to the order passed by the Judicial
Magistrate-II, Rae Bareilly on the application moved by the complainant
under Section 156 (3) Cr.P.C. The complainant has levelled general
allegations against the petitioners nos. 1 and 2 that they had committed
financial irregularities but he has not quoted any specific instance. In fact on
the written complaint of the complainant the matter is already under inquiry at
the level of the District Magistrate unless it is specifically found after
completion of the inquiry that what amount was allotted to the villagers and
what amount was embezzled by the petitioners no offence will be made out
against the petitioners. Therefore the accused-petitioners deserve interim
protection during the investigation.
Learned A.G.A. has opposed it.
Considered the submission of the learned counsel for the petitioner, the
learned A.G.A., keeping in view the facts and circumstances of the case as
well as the allegation of the complainant in the F.I.R. which discloses
commission of cognizable offence, the writ petition is finally disposed of with
the observation that till any credible and cogent evidence is collected against
the petitioners or filing of the charge-sheet/police report under Section 173
Cr.P.C. is filed, whichever is earlier, the petitioners (Shyama Devi,
Devtadeen, Sachchidanand Shukla and Shravan Kumar Shukla) will not be
arrested by the Investigating Officer in Case Crime No.620 of 2010, under
Sections 417, 418,, 419, 420, 218, 465, 467, 468, 471, 408, 409, 120-B, 216,
504, 506 (B) I.P.C., Police Station Shivgarh, District Rae Bareli subject to
their cooperation in the investigation which will go on.
Order Date :- 16.7.2010
PAL