The High Court rejected the petition to quash an FIR alleging corruption. While holding the complaints cognizable and in need of investigation, it directed a stay on the petitioner's arrest pending the investigation report.
Stay on petitioner's arrest pending submission of investigation report under Section 173(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1625 of 2020 Petitioner :- Sanjay Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Vinod Kumar Kushwaha, learned counsel for the petitioner and learned A.G.A. for the respondents.
The instant petition has been filed by the petitioner for the quashing of the first information report dated 18.01.2020, registered as Case Crime No. 14 of 2020, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 7 of the Prevention of Corruption Act, 1988, Police Station Chauri Chaura, District Gorakhpur.
A perusal of the averments made in the first information report reveals that the petitioner at the relevant point of time was posted as District Food Marketing Officer, Gorakhpur. It is alleged on the basis of allegations made in the first information report that no offence is made out against the petitioner and that if at all, it may be a case of disciplinary action on account of payment to 11 farmers, who were ineligible for supplying paddy to the department.
On the last occasion, learned A.G.A. was given time for seeking instructions in the matter but despite time given, no instruction has been received so far.
In view of the aforesaid facts and circumstances, as the facts disclosed in the first information report do constitute a cognizable offence, we are of the opinion that the matter requires investigation and it is not a fit case where the first information report should be quashed, but looking to the allegations made against the petitioner in the first information report, we dispose of the writ petition with direction to the respondents that the petitioner shall not be arrested in connection with the aforesaid first information report till the submission of the report under Section 173(2) Cr.P.C., provided that the petitioner cooperates and participates in the investigation which shall be completed most expeditiously.
Order Date :- 10.2.2020 sailesh
1 issue framed by the court
Whether the first information report constituted a fit case for quashing of the writ petition.
1 provisions across 1 enactments
Sanjay Kumar Pandey
State Of U.P.
2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
