- (1.) BY the Court.- This writ petition has been filed by the petitioner Awdhesh Narain Singh (A.N. Singh) with a prayer to quash the FIR of case crime No. 172 of 2009 under Sections 409, 420, 467, 468, 471, I.PC., PS. Jawan, District Aligarh and to stay the arrest of the peti­tioner in the above mentioned offence.
(2.) THE facts in brief of this case are that the Fl R of this case has been lodged by Dr. N.S. Pawar, Chief Vetenary Officer/General Manager Central Dairy Farm (CDF), Aligarh on 4-4-2009 at 6.15 p.m. regarding an offence punishable under Sections 409, 420, 467, 468, 471, I.PC with the allegation that the first informant was directed to lodged the FIR by the State Government vide letter No. 921/37-2-09-15( 1 )/06 dated 24-3-2009 against the petitioner, contract employee of CDF who had committed the irregularities. The pe­titioner was serving as Assistant Manager, he had worked as Incharge General Man­ager also, he was retired on 31-7-2001 from the service of the Corporation, but he was employed in the department on a contract basis on 31-7-2001 on a consoli­dated salary i.e. Rs. 14,242 per month for a period of two years, its approval was made by Board of Directors. But the petitioner has worked for a period from 1-8 2001 to 31-3-2007, thereafter on 1-4-2007 the charge was taken by Dr. R.A. Agrawal from the petitioner. The petitioner had handed over a cash book, vouchers, case balance and two keys of cash chest. Dr. R.A. Agrawal, the then General Manager C.D.F. perused the documents and came to the conclusion that the petitioner has committed many irregularities in the payments and has withdrawn the money and the same has been misappropriated. Its information was given vide letter dated 4-6-2007 to Managing Director, C.D.F., Camp Office, Lucknow in which the fol­lowing allegations have been made against the petitioner: (1) The petitioner has withdrawn the amount of salary more than the agreed consolidated amount of payment Rs. 14,242 per month, he mislead the authorities and has illegally withdrawn the arrears of Rs. 17,581 in the year 2001-2003. (2) The petitioner himself calculated his beneficiaries contribution for his service pe­riod from 15-5-1975 to 31-7-2001 and manover the things in his favour and has withdrawn the amount of Rs. 2,94,637 by misleading the authorities concerned. (3) The petitioner has got the amount of Rs. 46,000 as ex-gracia payment from the closed unit by misleading the authorities concerned. (4) The petitioner has received the amount of Rs. 1,47,163.55 as the arrears from the department. His services were ter­minated in the year 1992 for which he had filed a case, he had also taken the leave by which the payment could not have been made to him but he tried to mislead the au­thorities and he received the said arrears. (5) The petitioner was working in CDF on the contract basis but after 21-8-2005 no sanction was obtained and he continued with his job without any extention up to 31-3-2007 and received the salary by mislead­ing the authorities. (6) The petitioner got allotted the shop situated at Zigyasu Mark, G.T. Road, Aligarh in favour of his son J.P. Singh. The second shop situated in Canaught Place, New Delhi was got allotted by the petitioner to his rela­tive Anil Kumar Singh son of Panna Singh which was being managed by the second son of the petitioner namely Satyendra Prakash Singh. One Mahendra Pal Gaur, Ex-em­ployee of CDF has sent a letter to the Government making the following allega­tion against the petitioner: (1) The petitioner has got allotted the two shops of CDF in favour of his sons, one shop at Aligarh and second shop at Delhi. One shop of the Hajratganj, Lucknow was also given by the petitioner to someone on a nominal charges. (2) The contract was given by way of tender to contractor of a forest of Gursikaran range but in collusion with the petitioner the trees of the Babool, Remja and Ukeliptus were cut down and it was subsequently stopped by the Collector. (3) The petitioner has removed the cer­tain articles Refrigerator, Sofa and furnitures etc. from CDF guest house and the same were shifted to the house of his sons and articles of swift realtor's namely Fridge, Cooler and furnitures have been misappro­priated by the petitioner. (4) The petitioner by misleading the au­thorities has obtained the forged pension papers and taking the pension from the Cor­poration as well as the Government.
(3.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava, Sri Akhilesh Srivastava and learned A.G.A. for the State of U.P.;