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Anil Kumar Yadav v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 18911 of 2007 [2007] RD-AH 18001 (19 November 2007)

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Court no. 37

Criminal Misc. Writ Petition No. 18911 of 2007

Anil Kumar Yadav.............................................................Petitioner


State of U.P. and others..................................................Respondents.

Hon. Imtiyaz Murtaza, J.

Hon. Ajai Kumar Singh, J.

Challenge in this petition is to the F.I.R. lodged at case crime no. 739 of 2007 under sections 419, 420, 467, 468, 469, 471, 120 B and 34 I.P.C. and Section 7/12/13 of the Prevention of Corruption Act at P.S.Kavi Nagar District Ghaziabad.

The petitioner namely, Anil Kumar Yadav who is presentedly posted as zonal Officer Mirzapur was, at the relevant time, members of the Recruitment Board constituted by the Director General of Police U.P for recruitment of Constables and the allegations in the F.I.R. relate to corrupt practices indulged in by them in the recruitment of constables in the Civil Police, P.A.C and Police Radio for the year 2005-2006. The basis of the F.I.R. appears to be the complaints and subsequent report submitted by the Committee headed by Sri Shailjakant Mishra which was constituted to go into the tenability of the allegations about corrupt practices employed in the recruitment of constables.

The learned counsel also canvassed that certain writ petitions were also preferred challenging the recruitment of constable attended with the prayer to order C.B.I. enquiry which all, according to learned counsel, have culminated in dismissal.

In this connection, it is worthy of notice that a coordinate Bench of this Court in various writ petitions including Criminal writ petition No. 14709 of 2007 in which challenge was to the F.I.R. embodying self same allegations registered at case crime No. 1552 of 2007 under section 419, 420, 467, 468, 469, 471, 120 B 34 I.P.C. and section 12/7/13 of the Prevention of Corruption Act P.S. Kotwali District Ghazipur have passed orders staying arrest of the petitioner till submission of charge sheet or till further orders of the Court.

In deference to the order of coordinate Bench and regard being had to the rule of judicial comity and also considering that the allegations embodied in the F.I.R. under scrutiny in all material aspects are almost similar qua the allegations made in the F.I.R. in other writ petitions including Crl. writ petition namely No. 14708 of 2007, we also direct that the petitioner namely, Anil Kumar Yadav who is wanted in case crime no. 739 of 2007 under sections 419, 420, 467, 468, 469, 471, 120 B 34 I.P.C. and section 12/7/13 of the Prevention of Corruption Act registered at P.S. Kavi Nagar District Ghaziabad shall not be arrested till next listing or till submission of charge sheet whichever is earlier.





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