This court refused to quash an FIR alleging forgery of a B.Ed. degree but granted direction restraining arrest of the petitioner until submission of the police report. The court noted prima facie cases and ordered cooperation with investigation.
Quashing of FIR refused; but petitioner restrained from arrest until submission of police report.
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. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8345 of 2020
Petitioner :- Vipin Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Brijesh Kumar,Saurabh Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Manish Tiwari, holding brief of Sri Prabhakar Awasthi, learned Counsel for the petitioner, Km. Meena, learned AGA for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed seeking quashing of the FIR dated 19.07.2020 registered as Case Crime no. 0092 of 2020, under Sections 420, 467, 468 & 471 IPC, P.S.- Mujariya, District Badaun with a further prayer not to arrest the petitioner in pursuance of the said FIR.
The present FIR has been lodged by the respondent no. 4 alleging that the petitioner, who was appointed as Assistant Teacher in Primary School on 08.01.2011, his B.Ed degree issued from Dr. Bheem Rao Ambedkar University, Agra is forged.
The submission of the learned counsel for the petitioner is that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner. Reliance has been placed upon the order dated 25.2.2020 passed in Criminal Misc. Writ Petition No. 3287 of 2020 in which indulgence has been granted in favour of similarly placed co-accused; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F. I. R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage.
The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner, namely, Vipin Kumar, shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned authority.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Ajit Singh, J.) (Ramesh Sinha, J.)
Order Date :- 27.8.2020 Prajapati
2 issues framed by the court
Whether the First Information Report registered under Sections 420, 467, 468 and 471 IPC is liable to be quashed pending investigation.
Whether the petitioner can be arrested while the investigation is pending in the alleged forgery case.
Vipin Kumar
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
