Allahabad High Court
Vinod Kumar Rai And Another vs State Of Up And 3 Others on 2 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79289-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1108 of 2024
Petitioner :- Vinod Kumar Rai And Another
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Arya Suman Pandey
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
1. Heard learned counsel for the petitioners, learned counsel for the respondent and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 23.12.2023, registered as Case Crime No. 268 of 2023, under Sections- 120-B IPC and Section 13(1)(b) and 13(2) of Prevention of Corruption Act, 1988, Police Station- Obra, District- Sonbhadra, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. On the following interim order dated 02.02.2024 was passed is quoted hereinbelow:-
"1. Heard learned counsel for the petitioners and learned AGA for the State-respondents. Sri Piyush Shukla, Advocate has also been asked to assist the Court in the matter.
2. The writ petition seeks quashing of the impugned F.I.R. dated 23.12.2023 registered as Case Crime No.268 of 2023 under Section 120-B IPC and Section 3(1) (b) and 13 (2) of Prevention of Corruption Act, 1988, P.S. Obra, District Sonbhadra and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
3. Learned counsel for the petitioners states that M/s R.K. Enterprises is a registered firm. A partnership deed was executed by Rajiv Kumar Sharma, Santosh Kumar Rai, Sharma Rai (father of first petitioner and father-in-law of second petitioner) and Pankaj Rai on 25.01.2010 and thereafter, the said firm was run by Sri Sharma Rai alognwith other partners. After the death of Sri Sharma Rai, the firm was transferred in the name of second petitioner alongwith two other partners namely Munni Rai and Pankaj Rai, wherein all three partners are equally liable. Sri Rajiv Kumar Sharma had executed a sale deed in favour of all three partners. The first petitioner voluntarily retired on 01.04.2019 serving as Constable in Civil Police. The impugned FIR has been lodged by the respondent no.4 against the petitioners on 23.12.2023. The first petitioner has not committed any crime for earning illegal money from any other source. So far as disproportionate assets is concerned, the details have also been furnished along with income tax return verification forms to indicate that the firm was registered in the name of petitioner's father and there was sufficient source of income. In support of his submission, learned counsel for the petitioners has also placed reliance on the judgment of Hon'ble Apex Court in the case of Manju Surana Vs. Sunil Arora and others, 2018 5 SCC 557.
4. On the joint request of parties, put up this case for further hearing on 13.02.2024 as fresh at 02:00 P.M.
5. Till the next date of listing, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. "
4. Counsel for the petitioners has not filed any rejoinder affidavit. It is not clear from counter affidavit whether charge sheet has been submitted or not.
5. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioners pursuant to the First Information Report dated 23.12.2023, registered as Case Crime No. 268 of 2023, under Sections- 120-B IPC and Section 13(1)(b) and 13(2) of Prevention of Corruption Act, 1988, Police Station- Obra, District- Sonbhadra, subject to cooperation in ongoing investigation.
Order Date :- 2.5.2024
Rohit
(Surendra Singh-I,J.) (Siddharth,J.)
