The Court recorded petitioner's submission on false implication in a scam and clarified it has not prevented police action. No order passed; connected for counter affidavit.
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. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 666 of 2024
Petitioner :- Angad Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ashutosh Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A.
2. This petition has been filed by the petitioner with the following main prayers :-
"(i) issue, a writ order or direction in the nature of Certiorari to quashing the impugned First Information Report No. 0222 of 2022, dated 30.07.2022, under sections 409, 467, 468, 471 and 120-B of I.P.C., lodged at Police station- Wazeerganj, DistrictLucknow West (Commissionerate Lucknow), which is contained as Annexure No.1 to this writ petition.
(ii) issue, a writ order or direction in the nature of Mandamus commanding the opposite parties, particularly the opposite party no. 3, not to arrest, harass and victimize to the petitioner in pursuance of impugned First Informant Report No. 0222 of 2022, dated 30.07.2022, under sections 409, 467, 468, 471 and 120-B of I.P.C., lodged at Police station- Wazeerganj, District- Lucknow West (Commissionerate Lucknow), contained as Annexure No.1 to this writ petition."
3. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. The F.I.R. reveals the names of only three accused and mentions managers of 38 colleges having been involved in the alleged scam relating to diploma in Homeopathic Pharmacy Course and the scholarship/ fee reimbursement made by the Government to the tune of more than rupees fourty seven crores.
4. The counsel for the petitioner says that the petitioner is the manager of one of the said homeopathic colleges and similarly situated managers/ co-accused had approached this Court in Criminal Misc. Writ Petition No.627 of 2023 and Criminal Misc. Writ Petition No.616 of 2023 wherein this Court has granted interim protection on 24.01.2023, copies of interim orders granted to similarly situated managers have been filed as annexure No.4 to the writ petition.
5. This Court has perused the order passed by the Division Bench on 24.01.2023. The Court had recorded the submission made by the learned Senior Counsel appearing on behalf of the petitioner, Anil Kumar Singh Yadav that in the inquiry report, a chart was prepared recording the amount of embezzlement calculated against respective colleges. The column regarding the college of which the petitioner, Anil Kumar Singh Yadav was manager was left blank.
6. The learned A.G.A. has pointed out the inquiry report, which has been filed as annexure to the petition and page No.28 of the writ petition. The name of the college is mentioned at serial No.7, Asha Singh Homeopathic Pharmacy College, Shahpur Titihan Kiriharapura, Ballia and the amount mentioned of scholarship/ fee reimbursement embezzled has been shown as Rs.5,65,200/-.
7. Let a counter affidavit be filed by the learned A.G.A. within four weeks.
8. Connect and list with Criminal Misc. Writ Petition No.627 of 2023 and Criminal Misc. Writ Petition No.616 of 2023 on 27.02.2024.
9. It is clarified that we have entertained the writ petition, but
we have not prevented the police from taking action, in accordance with law.
Order Date :- 30.1.2024 cks/-
Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Warrant of arrest under sections 409, 467, 468, 471 and 120-B of I.P.C. in the impugned FIR be quashed.
Angad Kumar Singh
State Of U.P.
Sangeeta Chandra
Ajai Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
