Point of law: FIR - Every person has a right to lodge a first information report against a person, who in his presence, commits a non-bailable or cognizable offence.

JUDGMENT :

Manju Rani Chauhan, J.

1. This writ petition has been filed by the petitioner seeking quashment of first information report dated 24th May, 2021 in respect of Crime No. 0036 of 2021, under Sections 185, 477-A, 409, 120-B and 420 of I.P.C. Police Station-Kakavan, District-Kanpur Nagar.

2. Heard Mr. Uttar Kumar Goswami, learned counsel for the petitioner and Mr. J.K. Upadhyay, learned A.G.A. for the State-respondents.

3. The first information report has been lodged on 24th May, 2021 at 18:03 hrs by S.N. Khare against six named accused persons, namely, Rajesh Kumar, Surendra Kumar, Sohil Kumar, Accountant Atul Sharma, Hariom Sharma (petitioner herein) and Anuj Traders regarding financial irregularity and scam at Wheat Purchase Centre, P.C.F. Farmer Service Centres, Vishdhan, Sindhauli and Aroul. In the first information report, it has been alleged that in a surprise inspection carried out at the aforesaid farmer service centres, purchasing centre In-Charge, namely, Rajesh Kumar, Surendra Kumar and Shahil Kumar were present. It was informed by the concerned Centre In-charge that concerned records, government grants (Bardana), Stencil Machine were not available at the Centres. In their written statements, it has been stated that at the behest of Atul Sharma (Accountant), District Office, P.C.F. Kanpur Nagar and Hariom Sharma (petitioner herein), Regional Director, P.C.F., Kanpur Division, Kanpur, the work of purchasing of wheat is being carried out from Rice Mill (Anuj Traders, Vishdhan). On the basis of aforesaid statements, when the Assistant Commissioner and Assistant Registrar raided the place of Anuj Traders, Vishdhan, government bags of wheat containing 200 quintal (four gath i.e. each gath contains 50 kgs. of wheat) and stencils of aforesaid three centres were recovered and on the rice mill itself, purchase of wheat has been found to be done in the names of aforesaid three centres. On the basis of statements of concerned Centre In-charge and the raid carried out by the Assistant Commissioner and Assistant Registrar and the recovery made by them, the named accused persons, including the petitioner were found guilty of carrying out illegal government grants and purchase of wheat at the aforesaid three centres and the present first information report has been lodged.

4. In support of his case, learned counsel for the petitioner has advanced following arguments :

1. The petitioner, who is presently working as Regional Manager, P.C.F., Kanpur Division, Kanpur, is wholly innocent and has been falsely roped in the aforesaid case in collusion with some interested persons and he has no concern with the aforesaid crime.

2. The petitioner was not present at the place when the raid was carried out and the allegation levelled against the petitioner is based on false and concocted story in order to implicate him in the aforesaid case. The first information report itself discloses that till date no material evidence in respect of alleged allegation, which has been levelled against the petitioner, is available on record.

3. Prior to registering the first information report against the petitioner, respondent no.4 has not taken any approval or permission from the higher authorities qua the first information report against the government/public servant, therefore the same is per se illegal and arbitrary.

4. (I) Respondent no.4/informant, who has lodged the first information report, is much junior to the petitioner and he has no power to make the complaint against the petitioner like the present one.

(II) Only due to enmity and for harassing the petitioner, so that the image of the petitioner may be tarnished, respondent no.4 has lodged the impugned first information report falsely implicating him. As such, the impugned first information report is illegal, as the allegations levelled against the petitioner in the said report, is based on false and concocted story.

5. Perusal of the entire record indicates that the petitioner has not committed a