- (1.) HEARD learned Counsel for the petitioner and learned Additional Government Advocate.
(2.) THIS writ petition has been filed by the petitioner Maulana Murshid Ali Quadri, the principal of a minority institution known as Madarsa Arabia Madinatul Ilm, Peerkhanpur, Bhadohi for quashing of the FIR dated 13-10-2000 at case Crime No. 475 of 2000, under Sections 193/196/420/423/467/ 468/471/477-A/120-B IPC and Sections 13 (2)/13 (1) of Prevention of Corruption Act, police station Bhadohi, District Sant Ravidas Nagar. The allegations in the FIR insofar as it related to the petitioner inter alia were that three persons Kumail Ahmad Asharfi, Diwan Ahmad Ali and Qamrul Hasan were illegally paid salaries knowingly that their appointments were illegal and that they had not been appointed and thus the payment of Rs. 3,67,222. 56 paise, 2,82,804. 20 paise and 1,12,754. 80 paise were wholly unauthorized and illegal. The petitioner was the principal of the institution and conspired with others in this illegal act. It may be noted that earlier writ petition, which was filed by the petitioner, was dismissed on 23-5- 2006 by a Bench of Hon'ble Amitava Lala and Hon'ble Shiv Shanker, JJ. The said order has not been annexed, but it is claimed that earlier petition was filed before the FIR was lodged and after the FIR was lodged, an amendment application was moved, and the Court refused to entertain the said petition.
(3.) AS the petitioner has neither mentioned the number of writ petition, which was dismissed nor annexed the order, this Court may take it that the said petition seeking a parallel relief has already been dismissed and on this ground it would not be proper to entertain this writ petition. However, even on merits, it cannot be said that no cognizable offence is disclosed in this case, which appears to be in a nature of scam.;