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Vishwanath Prasad Gupta v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12984 of 2006 [2006] RD-AH 19335 (15 November 2006)


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Crl. Misc. Writ Petition No. 12984 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

Learned counsel for the petitioner relies upon an interim stay of arrest granted to a co-accused Ram Vilas in Criminal Misc. Writ Petition No. 12442 of 2006. The said interim order is quoted below:

"The FIR lodged 7 years ago in which the petitioner was cited as witness, we, therefore, require the A.G.A. to file counter affidavit of the respondent No. 3 indicating what evidence has become available against the petitioner, if any, on the basis of which the petitioner is being sought to be arrested.

List after one month.

In the meantime, investigation may go on but the petitioners will not be arrested in case crime no. 5 of 1999 under sections 409/420/467/468/471/120B IPC and 3(1)(d)(2) of Prevention of Corruption Act, 1988, P.S. Jaspura district Banda, till the next date of listing or till submission of police report under section 173 Cr.P.C., whichever is earlier".  

In the case before us, the petitioner Vishwanath Prasad Gupta is the named accused No. 3 in the First Information Report. There is a clear allegation in the First Information Report that he has verified the work, which is alleged to have been got done and he has been involved actively in creating fabricated labour records showing fictitious payment to the labourers and has thereby embezzled government money.  The case of the petitioner is thus not similar to Ram Vilas, who has been granted interim stay of arrest.

No good ground for quashing of the F.I.R., or staying the arrest has been made out.  However, if the petitioner surrenders and applies for bail in case crime No. 5 of 1999 under sections 409/420/467/468/471/120B IPC and 3(1)(d)(2) of Prevention of Corruption Act, 1988, P.S. Jaspura district Banda, his bail application may be considered and  disposed of by both the Courts below expeditiously.

The writ petition is disposed of as above.    

Dated : November 15,  2006



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