Deepak Kumar Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Deepak Kumar Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Neither prayer was fulfilled as such: the F.I.R. was not quashed and no protective mandamus against arrest/harassment was issued; the petition was disposed of solely with directions to the petitioner to produce the registers, or furnish relevant charge-hand-over material, before the Investigating Officer or concerned authorities.

Issue for consideration

Whether the impugned F.I.R. No. 0164/2025 dated 28.06.2025 of Police Station Gurubuxganj, District Raebareli, framed under S. 316(5) of BNS 2023, should be quashed so far as it relates to the petitioner (Certiorari prayer). +1 more

Court's answer

On going through the F.I.R., the Court observed that the allegation against the petitioner is of non-cooperation with the inquiry that has been going on with regard to alleged embezzlement by certain employees of Sataon, specifically of not handing over the concerned registers/files to the Audit Cell.

Ratio / Principle

Court noted that the petitioner had produced no document before it showing that any inventory was made out at the time the erstwhile incumbent handed over charge, undercutting counsel's contention that the registers were never handed over to him.

Key takeaways

Court stated that, at this stage, it cannot make any observation in favour of the petitioner, in view of the lack of pleadings.ratio¶¶13
Court disposed of the petition with a direction to the petitioner to either produce the concerned registers before the Investigating Officer or before the concerned authorities.ratio¶¶14
Court further indicated that, in terms of the lodging of the impugned F.I.R. and to show his bona fides, the petitioner may place with the Investigating Officer or the concerned authorities any relevant material, if any, in his favour with regard to handing over of charge.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 9 — Crl. Misc. W.P. No. 6389 of 2025 (Judges: Mrs. Sangeeta Chandra, J. and Subhash Vidyarthi, J.; Order Date 21.7.2025; Neutral Citation 2025:AHC-LKO:41567-DB). Petitioner Deepak Kumar Mishra prayed (i) for quashing, so far as relating to him, of F.I.R. No. 0164/2025 dated 28.06.2025 (registered 19:38 hrs) at Police Station Gurubuxganj, District Raebareli, framed under section 316(5) of Bhartiya Nyay Sanhita, 2023, and (ii) for a mandamus commanding opposite parties nos. 2 & 3 not to arrest and harass him in pursuance of that F.I.R. Counsel pleaded complete innocence and false implication, contending the alleged embezzlement/irregularities pertained to financial year 2011-12 when he was not posted in the said Block (Chetra Panchayat Sataon), and that the erstwhile incumbent had not handed over the registers to him on charge take-over. Going through the F.I.R., the Court observed the allegation against the petitioner is one of non-cooperation with the inquiry into alleged embezzlement by certain employees of Sataon — namely, not handing over the concerned registers/files to the Audit Cell. Finding that the petitioner had produced no document evidencing an inventory or hand-over of registers at charge transfer, and citing lack of pleadings, the Court declined to make any observation in his favour. The writ petition was DISPOSED OF, directing the petitioner to either produce the concerned registers before the Investigating Officer or the concerned authorities, and permitting him to place any relevant charge-hand-over material there, in terms of the lodging of the impugned F.I.R., to show his bona fides. The F.I.R. was not quashed and arrest-protection was not granted. No precedent was cited in the judgment.

Neutral Citation No. - 2025:AHC-LKO:41567-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6389 of 2025 Petitioner :- Deepak Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Bhup Chandra Singh,Aziza Khan,Vinay Kumar Dubey Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner, learned A.G.A who has appeared on behalf of the State-respondents.

This petition has been filed by the petitioner with the following prayers:-

(i) Issue a Writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 28.06.2025 registered at 19:38 hours at Police Station Gurubuxganj, District- Raebareli vide F.I.R. No. 0164/2025 under section 316(5) of Bhartiya Nyay Sanhita, 2023 so far as it relates with the petitioner which is contained as Annexure No. 1 in the interest of justice.

(ii) Issue a writ order or direction in the nature of Mandamus Commanding and directing the opposite parties particularly opposite party no. 2 & 3 not to arrest and harass the petitioner in pursuance of the impugned First Information Report dated 28.06.2025 registered at 19:38 hours at Police Station - Gurubuxganj, District- Raebareli vide F.I.R. No. 0164/2025 under section 316(5) of Bhartiya Nyay Sanhita, 2023, in the interest of justice."

Learned counsel for the petitioner has submitted that the petitioner is completely innocent and has been falsely implicated in the impugned F.I.R. It has been submitted that the petitioner has been made an accused for embezzlement and irregularities committed during the financial year 2011-12. At that time, he has not been posted in the said Block (In Chetra Panchayat Sataon).

We have gone through the F.I.R where the allegation against the petitioner is of non-cooperation with the inquiry that has

been going on with regard to the alleged embezzlement being carried out by certain employees of Sataon. The allegation is that of not handing over the concern registers/file to the Audit Cell. At this stage, the learned counsel for the petitioner says that he has not been handed over such register by the erstwhile incumbent when he took over the charge.

The petitioner has not produced before this Court any document to show that any inventory was made out at the time of handing over the charge erstwhile incumbent to the petitioner and the related files which have been demanded for this, were not handed over to him.

At this stage, we cannot make any observation in favor of the petitioner in view of the lack of pleadings.

This petition is disposed of with a direction to the petitioner to either produce the concern registers before the Investigating Officer or before the authorities concern. However, in terms of lodging of the impugned F.I.R to show his bonafide, the petitioner may place the relevant material, if any, in his favour with regard to handing over charge to the Investigating Officer or the authorities concern.

(Subhash Vidyarthi,J.) (Mrs. Sangeeta Chandra,J.)

Order Date :- 21.7.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench