Roshan Kumar Srivastava vs State Of U.P. And 2 Others
2019 Latest Caselaw 6657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 23177 of 2019
 

 
Petitioner :- Roshan Kumar Srivastava
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anil Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Hon'ble Suresh Kumar Gupta,J.

Heard Sri Anil Pratap Singh, learned counsel for the petitioner and Sri A.K. Sand, the learned A.G.A.

This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 3.9.2019, registered as Case Crime No.516/2019, under Sections 419/420/467/468/471 IPC, P.S. Sigra, Varanasi.

It is submitted by learned counsel for the petitioner that petitioner, Principal Assistant (Senior Clerk), Lift Agriculture Construction Division, Sigra, Varanasi is innocent, he has been exonerated in departmental enquiry in respect of the similar allegations, FIR is malafidely motivated, same be quashed.

Learned AGA has opposed the submission on the ground that it is well settled that an FIR can be lodged against a public servant even if he has been exonerated in departmental proceedings. He placed reliance on the decisions of the Apex Court in State of Bihar vs. Purushotam Singh, 2004 SCC Crl. 63 2. Govt. of NCT of Delhi vs. A.K. Tyagi, 2012(3) SCC Crl. 1221.

We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.

The writ petition is dismissed.

It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

Order Date :- 31.10.2019

Chandra