Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. The Courts should not ordinarily interfere with the investigations of cognizable offences. However, where the allegations made in the FIR or the complaint even if taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused, the FIR or the charge-sheet may be quashed in exercise of powers under Article 226 or inherent powers under Section 482 of the Cr.P.C -

JUDGMENT :

RAMESH SINHA, J.

1. The Court has convened through Video Conferencing.

2. Heard Sri. H.G.S. Parihar, learned Senior Advocate, assisted by Mrs. Meenakshi Singh Parihar, learned Counsel for the petitioner and Ms. Meera Tripathi, learned Additional Government Advocate for the State/respondents no. 1 and 2.

3. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner, Heera Lal Yadav, challenging the First Information Report dated 27.10.2020 to the extent of petitioner registered as Case Crime No. 0013 of 2020, under Sections 120-B, 471, 468, 467 and 420 I.P.C. Police Station S.I.T. Lucknow.

4. Learned Senior Counsel appearing on behalf of the petitioner has submitted that earlier the petitioner has challenged the impugned F.I.R. before this Court at Allahabad by filing Criminal Misc. Writ Petition No. 12605 of 2020, Heera Lal Yadav vs. State of U.P. and Others, wherein, initially, a Coordinate Bench of this Court at Allahabad, vide order dated 14.12.2020, restrained the respondents from taking any coercive action against the petitioner in connection with the impugned F.I.R. and the same was continued from time to time, however, when the case was listed before another Co-ordinate Bench of this Court at Allahabad on 24.03.2021, the same was dismissed on the ground that this Court at Allahabad has no jurisdiction to hear the matter as the impugned F.I.R. has been registered at Police Station S.I.T. Lucknow and liberty was granted to the petitioner to approach the appropriate forum/court, if so advised. Thereafter, the petitioner has filed the instant writ petition, challenging the impugned F.I.R.

5. It has been argued by the learned Senior Counsel appearing on behalf of the petitioner that the impugned F.I.R. has been lodged against eight persons including the petitioner. He argued that the petitioner has falsely been implicated in the impugned F.I.R. as the entire process of selection/recruitment were completed on the basis of the resolution of the Board of Directors of the Managing Committee/U.P. Co-operative Bank Ltd. Lucknow on 07.07.2015 and at that time, the petitioner was not working in the office of U.P. Co-operative Bank Ltd. Lucknow from 20.10.2014 to 22.04.2015.

6. Learned Senior Counsel appearing on behalf of the petitioner further argued that at present, the petitioner is holding Class-I post and working on the post of Additional Commissioner-cum-Additional Registrar, Co-operative Society, U.P. Lucknow. On 20.10.2014, the State Government has appointed the petitioner on the post of Managing Director, U.P. Co-operative Bank Ltd. Lucknow. On 12.03.2013, the Commissioner-cum-Registrar Co-operative Societies, U.P. Lucknow wrote a letter to the Managing Director, U.P. Co-operative Bank Ltd. Lucknow for the direct recruitment on different post of Assistant Manager and Assistant Manager (Computer). On 7.5.2014, the Principal Secretary (Karmik), State of U.P. Lucknow wrote a letter to the Principal Secretary, Co-operative, U.P. Lucknow for the recruitment of the employee in the Co-operative department on the different post. On 05.12.2014,, the Commissioner-cum- Registrar, Uttar Pradesh, wrote a letter to the Principal Secretary, Co-operative Uttar Pradesh, Lucknow. On 30.01.2015, the petitioner being the then Managing Director, U.P. Co-operative Bank Ltd, Lucknow, sent a requisition for the recruitment/selection on the post of Assistant Manager/Assistant Manager (Computer) before the Secretary, U.P. Cooperative Institutional Service Board, Lucknow. Thereafter, on 21.03.2015, the petitioner has proposed the educational qualification for the recruitment on the post in question, which was sent before the Commissioner-cum-Registrar Co-operative Societies, Uttar Pradesh, Lucknow for its approval. Thereafter, the petitioner was transferred from the post of Managing Director, U.P. Co-operative Bank Ltd. Lucknow on 22.04.2015 and in his place, on the same day i.e. 22.04.2015, co-accus