Harishankar Prasad v. State of U.P. Thru. Prin.Secy. Home Deptt. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7984 of 2023 Petitioner :- Harishankar Prasad Respondent :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Others Counsel for Petitioner :- Uma Shankar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "1. Issue a writ order or direction in the nature of certiorari, quashing the impugned F.I.R. dated 14.05.2023 registered in Case Crime No. 0142 of 2023, Under Sections 419, 420, 467, 468, 471 of I.P.C., Police Station-Kotwali Nagar, District-Balrampur (Annexure no.1 petition). to this writ

¶2Issue a writ order or direction in the nature of mandamus, commanding and directing the respondents not pursuance arrest the petitioner in of the impugned F.I.R. dated 14.05.2023 registered in Case Crime No. 0142 of 2023, Under Sections 419, 420, 467, 468, 471 of I.P.C., Police Station-Kotwali Nagar, District-Balrampur"

¶3It has been submitted by the learned counsel for the petitioner that the petitioner is completely innocent and has falsely been implicated in the impugned F.I.R.

¶4It has been alleged in the F.I.R. that Harishankar Prasad, Assistant Teacher (Commerce) was selected by the Uttar Pradesh Secondary Education Service Selection Board and Office Memorandum in this regard was issued. In compliance of the Supreme Court's Order passed on 17.08.2017, the petitioner was adjusted. However, in the F.I.R. it has been submitted that the petitioner has forged the papers of his adjustment order which is completely wrong.

¶5Learned counsel for the petitioner has also referred to annexure no.2 to the petition.

¶6This Court has gone through the F.I.R. and finds that a fact finding inquiry was conducted on suspicion being raised regarding the petitioner's adjustment/Samayojan. In the said inquiry, verification was done by the Board that no such document as alleged was issued by any of the officials. He was not even selected by the Selection Board.

¶7This Court finds no good ground to show interference in the F.I.R. as cognizable offence is made out.

¶8The writ petition stands dismissed. Order Date :- 13.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench