DILIP B.BHOSALE,J. - (1.) Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
(2.) The petitioners, who are Accountant and Assistant Finance Comptroller of Sam Higginbottom University of Agriculture, Technology and Science, Naini, Allahabad, have filed the instant criminal misc. writ petition under Article 226 of the Constitution of India for quashing of First Information Report dated 5.5.2017 registered as Case Crime No. 295 of 2017, under Section-409, 418, 420, 421, 463, 467, 471, 477, 201, 120-B I.P.C., Police Station-Civil Lines, District-Allahabad and for a mandamus commanding the respondents not to arrest them in pursuance of the said case.
(3.) It appears that misappropriation of a huge amount of money from the bank account of Sam Higginbottom University of Agriculture, Technology and Science, Naini, Allahabad maintained at Axis Bank Branch, Civil Lines, Allahabad was unearthed, on the basis of which, an F.I.R. was lodged on 5.5.2017 by the Branch Manager of the Axis Bank, Civil Lines, Allahabad, naming two persons, namely Kamal Ahsan, Relationship Manager of the Bank and Rajesh Kumar, an employee working with the University. These two persons came to be arrested and thereafter in the course of investigation, as per the report placed on record by learned counsel for the State, which he passed on in a sealed cover, it transpires that present petitioners were named by Rajesh Kumar, the named accused, in his statement under Section 161 Cr.P.C., 1973 recorded on 12.9.2017. He stated that the petitioners were aware of all the transactions and developments, resulting in commission of the offence. He even went to the extent of saying that the mastermind behind the entire fraud is the Vice Chancellor, who was at the helm of the affairs of the University, and his two brothers S.B. Lal and Vinod B. Lal and their close accomplice Robin L. Prasad, Registrar. He also mentioned about the properties purchased by them from the ill gotten money.;