RAVINDRA SINGH,N.A.MOONIS,J - (1.) THIS writ petition has been filed by the petitioner Awadhesh 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 IPC, P.S. 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 FIR 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 IPC 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 In-charge 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docu­ments and came to the conclusion that the petitioner has committed many irregulari­ties in the payments and has withdrawn the money and the same has been misap­propriated.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 the petitioner has withdrawn the amount of salary more than the agreed consolidated amount of payment Rs. 14,242/- per month, he mislead the authorities and has illegally withdrawn the arrears of Rs. 17,581/- in the year 2001-2003. 2.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contribution for his service period from 15.5.1975 to 31.7.2001 and manover the things in his favour and has withdrawn the amount of Rs. 2,94,637/- by misleading the authorities con­cerned. 3.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-gratia 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 extension 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.;