Alka Singh and Anr. ( Dr. ) v. State of U. P Thru Principal Secy. , Home Deptt. , and Ors.
2011-12-31
RITU RAJ AWASTHI, S.N.SHUKLA
body2011
DigiLaw.ai
Hon'ble Ritu Raj Awasthi, J.:-- Notice on behalf of the respondent Nos. 1 to 3 has been accepted by the learned Chief Standing Counsel, who prays for and is allowed a week's time to file counter affidavit. A week's time thereafter as prayed by petitioners' counsel is allowed to file rejoinder affidavit. 1. Issue notice to the respondent No. 4. 2. The petitioners have challenged the First Information Report registered as Case Crime No. 467 of 2011, under Sections 409, 419, 420, 467, 468 & 471 IPC, P.S. Hasanganj, District Lucknow. 3. Mr. S.M.A. Kazmi, learned Sr. Advocate appearing for the petitioners drew our attention towards the order passed by the Division Bench of this Court on 29th of April, 2011 in Writ Petition No. 623 (SB) of 2011 in which the Court directed the Government of India to appoint a Committee and hold enquiry with regard to misuse of funds provided under the Scheme in question as there was allegation against the petitioners for misusing the funds provided by the Government of India. 4. It is stated by Mr. Kazmi that the said enquiry is still pending and in the First Information Report lodged against the petitioners no outcome of the enquiry is reported, it is purely based on the audit report. 5. Keeping in view the facts that the enquiry, as directed by this Court is still pending, we are of the view that at this stage the petitioners are entitled to protection of their physical liberty. 6. Therefore, we hereby stay the arrest of the petitioners in the case Crime No. 467 of 2011, under Sections 409, 419, 420, 467, 468 & 471 IPC, P.S. Hasanganj, District Lucknow till the next date of listing. 7. List this matter on 18th of January, 2012.