AMAR SARAN, ANURAG KUMAR,J. - (1.) HEARD learned Counsel for the petitioner and the learned A.G.A.
(2.) AN F.I.R was lodged by Sri Vinod Kumar Yadav, Supervisor, Social Welfare Office, Ballia on 9.9.2005 at 2.10 P.M which was registered at case crime No. 102 of 2005, under sections 419, 420, 465, 468, 471, 406, 409 IPC at Police Station Rewati, district Ballia alleging that between 24.3.2004 and 24.5.2004 one Gopal Singh son of Jai Prakash Singh, Branch Manager, Regional Gramin Bank, Branch Jataha, Rewati, district Ballia and Basic Shiksha Adhikari opened an account in the said bank in the name of one Akhilesh Kumar Singh, who was shown as Principal, Maharana Pratap Junior High School, Reoti with the assistance of Basic Shiksha Adhikari. On several dates between 24.3.2004 to 24.5.2004, a sum of money totalling 14.4 lacs was deposited towards minority scholarship amounts, and fictitiously withdrawn by Akhilesh Kumar Singh. Inquiries revealed that the photograph on the account was of the co-accused Gopal Singh, and that Akhilesh Kumar Singh as well as the college were in fact non-existent. The role of the Bank was also doubtful as minority scholarship amounts are to be held under a joint account, but this was a single operating account. This offence was further investigated by Economic Offences Wing, who also found the complicity of the petitioner, who was not named in the FIR but was working as a clerk in the District Social Welfare Office, Ballia at the material time and other persons.
(3.) LEARNED Counsel for the petitioner submitted that the arrest of co- accused Manoj Kumar Srivastava had been stayed till submission of charge- sheet whilst disposing of the matter by another bench in Crl. Writ Petition No. 11405 of 2011 by order dated 27.6.2011. The said co-accused was also not named in the FIR like the petitioner against whom a departmental enquiry had been conducted and charge-sheet was filed. Further, the main accused Ganesh Prakash had been dismissed from service and another co-accused Keshav Giri had initially been given protection by this Court in Crl. Writ Petition No. 10180 of 2005. Although, learned Counsel for the petitioner admitted that Keshav Giri's services had also been terminated, and there was no subsisting order granting protection from arrest to him.;