Ram Prakash Gupta vs State of U.P.and Others

The prayer of the petitioner, who at the relevant time was SubRegistrar. Kanpur Nagar, who superannuated on 30794, is to quash the first information report dated 161 96 giving rise to registration of crime case No. 25 of 1996 P.S. Kotwali, town and District Kanpur Nagar under Sections 409/420/424/ 477A/I 19/120,1.P.C. read with Section 27 of the Indian Stamp Act and Section 13 of the Prevention of Corruption Act, 1988 (as contained in Annexure3) and not to arrest him in relation to the aforementioned crime case on several grounds stated in the writ petition.

In the counteraffidavit, which has been sworn by Respondent No. 3, and a copy of which was served on the learned counsel for the petitioner on 23297, to which no rejoinder has been filed by the petitioner, it has been stated, inter alia, that against the petitioner a vigilance enquiry was set up and major punishment was recommended; the petitioner due to mala fide intention had failed to follow the procedure prescribed under the Act and the rules framed there under in order to give illegal benefit to the parties and in their collusion with criminal intention to defraud the State Government of its revenue worth Rs. 36 crores approximately; that the offences alleged in the first information report have been made out; that the first information report was lodged on genuine grounds; that the antecedents of the petitioner are not clean against whom many departmental enquiries were conducted; and that the allegations made in the writ petition are incorrect and thereby denied.

Sri.Gopal Swaroop Chaturvedi, learned Senior counsel appearing in support of this writ petition, contended that since the ingredients constituting the alleged offences a(re lacking and that the first information was launched malafide, thus it will be in the interest of justice to quash the impugned first information report. He also contended that one of the beneficiaries td the transaction in question, namely, punkon''s Industries Ltd. Kanpur, whose writ petition bearing writ petition No. 9170 of 1995 was dismissed by a learned Single Judge of this Court (the said judgment stands reported in 1997(3) AWC 1928) against which Dunkon''s Industries Ltd. has gone up before the Supreme Court where the matter is still subjudice.

A prima facie perusal of the impugned first information report unequivocally and very categorically shows commission of cognizable offences by the petitioner. Beyond this we do not want to say anything at this stage as any observation of ours, though made as a Constitutional Court of the State, may prejudice the petitioner during his trial or even the investigation by the police and if a charge sheet is submitted, may further prejudice him during the trial. Accordingly, we are deliberately refraining ourselves from doing so.

To the statement made in the counteraffidavit denying the allegations of the petitioner, the petitioner has not even cared to file a rejoinder though it has been submitted by Sri Gopal Swaroop Chaturvedi that the Investigating Officer has not filed any counter. It is not the submission of tie learned counsel appearing on behalf of the petitioner before us is that the Respondent No. 2 is the Investigating Officers Be that as it may, the first information report has been launched after a detailed enquiry on behalf of the State and we do not see any justifiable reason to exercise our discretionary jurisdiction in favour of the petitioner.

For the aforementioned reasons we dismiss this writ petition.

The office is directed to hand over a copy of this order within 2 weeks to Sri Sudhir Mehrotra, learned A.G.A. for its intimation to the authority concerned.