Jitendra Singh vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Jitendra Singh vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition admitted and notice issued; interim protection granted that petitioner Jitendra Singh shall not be arrested in Case Crime No. 206 of 2025 under Section 409 IPC until further orders; AGA accepted notice for respondent Nos. 1 and 2 with two weeks to file counter affidavit; service on respondent No. 3 by RPAD within three working days; matter listed for orders on 6th May, 2026; Registrar (Compliance) to communicate the order to the Superintendent of Police, Aligarh and the SHO, P.S. Banna Devi through the Chief Judicial Magistrate, Aligarh.

Issue for consideration

Whether a prima facie case is made out for admission of the writ petition challenging the FIR in Case Crime No. 206 of 2025 under Section 409 IPC. +1 more

Court's answer

Perusal of the committee report shows excess payment of GPF was made on account of accounting errors, and there is nothing to show that the petitioner, who served as Accounts Officer (Basic Education) in the office of the Basic Sikha Adhikari, Aligarh, embezzled any sum of money or converted it to his own use.

Ratio / Principle

Since the respondents' own stand in their inquiry was that the excess payment arose from accounting errors and not embezzlement, and that stand ultimately led to the impugned FIR, a prima facie case is made out; the writ petition is admitted and notice issued.

Key takeaways

As an interim measure, until further orders of the Court, the petitioner Jitendra Singh shall not be arrested in Case Crime No. 206 of 2025, under Section 409 IPC, P.S. Banna Devi, District Aligarh.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble J.J. Munir, J. and Hon'ble Lakshmi Kant Shukla, J.), by order dated April 17, 2026 in Criminal Misc. Writ Petition No. 845 of 2026, Jitendra Singh v. State of U.P. and 2 others: The petitioner, serving as Accounts Officer (Basic Education) in the office of the Basic Sikha Adhikari, Aligarh, challenged the FIR in Case Crime No. 206 of 2025 under Section 409 IPC, P.S. Banna Devi, District Aligarh, arising out of alleged excess GPF payments to teachers under the control of the Basic Shiksha Adhikari. Perusing the committee report on the GPF accounts, the Court observed that the excess payment was made on account of accounting errors and that there was nothing to show the petitioner embezzled any sum or converted it to his own use; this being the respondents' own stand in their inquiry, which led to the impugned FIR, a prima facie case was made out. The writ petition was admitted, notice issued, and until further orders the petitioner was directed not to be arrested in the said case crime. Mr. Deepakh Kapoor, learned AGA, accepted notice for respondent Nos. 1 and 2 and was given two weeks to file a counter affidavit; service on respondent No. 3 was to be effected by RPAD; the matter was listed for orders on 6th May, 2026; and the Registrar (Compliance) was directed to communicate the order to the Superintendent of Police, Aligarh and the SHO, P.S. Banna Devi through the Chief Judicial Magistrate, Aligarh.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 845 of 2026

Jitendra Singh

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mohammad Ali Ausaf, Rishabh Narain
	Singh, Sr. Advocate
Counsel for Respondent(s)	: G.A.

Court No. - 47

HON'BLE J.J. MUNIR, J. HON'BLE LAKSHMI KANT SHUKLA, J.

Heard Mr. Durgesh Kumar Singh, learned Senior Advocate assisted by Mr. M.A. Ausaf, the learned counsel for petitioner and Mr. Deepakh Kapoor, learned AGA appearing on behalf of State.

A perusal of the report of the committee entrusted with reviewing the GPF accounts relating to teachers serving under the control of Basic Shiksha Adhikari shows that excess payment of GPF was made on account of accounting errors. There is nothing to show that the petitioner, who was serving as the Accounts officer (Basic Education) in the office of the Basic Sikha Adhikari, Aligarh, embezzled any sum of money or converted it to his own use. This being the stand of the respondents in their inquiry, that ultimately led to the impugned FIR, a prima facie case is made out.

Admit.

Issue notice.

Notice on behalf of respondent Nos. 1 and 2 is accepted by Mr. Deepakh Kapoor, learned AGA. He is granted two weeks' time to file a counter affidavit.

Steps to serve respondent No. 3 be taken by RPAD within three working days next.

List for orders on 6th May, 2026 along with a report regarding service and

CRLP No. 845 of 2026

2

postal track attached. The office shall put in a report regarding status of affidavits.

Order on Stay Application

Issue notice.

Until further orders of this Court, the petitioner Jitendra Singh shall not be arrested in Case Crime No. 206 of 2025, under Section 409 IPC. P.S. Banna Devi, District Aligarh.

Let this order be communicated to the Superintendent of Police, Aligarh and the Station House Officer, Police Station, Banna Devi, District Aligarh through the Chief Judicial Magistrate, Aligarh by the Registrar (Compliance) by Tuesday next.

(Lakshmi Kant Shukla,J.) (J.J. Munir,J.)

April 17, 2026

Arti

Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad