The Allahabad High Court has stayed the arrest of Hitesh Krishna, the Circle Officer of Lalganj, Azamgarh, accused of taking a bribe of Rs 15,000 to remove the name of the accused from a criminal case.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Gajendra Kumar passed this order while hearing a petition filed by Hitesh Krishna.
The petition seeks quashing of the F.I.R dated 06.02.2024 as Case under Sections- 7/7A, 12, 13(1)(b) and 13(2) of Prevention of Corruption Act, read with 120 B of IPC, Police Station- Sidhari, District- Azamgarh.
Counsel for the petitioner vehemently submitted that the petitioner is innocent and falsely implicated with ulterior motive. As per prosecution version one Suraj Pratap S/o Faguram, who was co-accused in a first information report lodged under Sections 323, 504, 506, 308 and 34 IPC at Police Station Dev Gaon, Circle, Lalganj, Azamgarh has alleged that a demand of Rs15,000/- was made by Head Constable to remove his name from investigation.
It also transpires from the record that a cross first information report has already been lodged by the persons of the side of the complainant namely Suraj Pratap bearing Case under Sections 323, 504, 506, 427 and 308 IPC and Section 3(1) (Dha), 3(2)(5) of Scheduled Castes and Scheduled Tribes Act.
Both the first information reports were lodged due to an incident having occurred wherein the complainant namely Suraj Pratap’s family and his Pattidar’s family namely Dayaram sustained injuries.
He submitted that petitioner is a diligent officer of Provincial Police Services of the Batch-2008 and has an unblemished service record.
He further submitted that neither the petitioner has ever asked the informant for alleged illegal demand/ offers nor any recovery has been made from him. Rather in the FIR it is alleged that Umesh Kumar Yadav, from whom some money was recovered, the same was made on behalf of petitioner.
He also submitted that there is no independent witness to show and the petitioner has never demanded or accepted any illegal bribe or money. Submission is that the petitioner is neither having any criminal history to his credit nor has he ever been tried departmentally.
He said that on perusal of the first information report, no case is made out against the petitioner under the Prevention of Corruption Act 1988.
On the other hand, A.G.A on the instructions states that the name of the petitioner was only surfaced at the time of recording of the statement of co-accused under section 161 CrPC.
The Court observed that the matter requires consideration.
The Court granted six weeks time to file counter affidavit for the respondents and one week time to file rejoinder affidavit. List immediately after expiry of the aforesaid period.
“Till the next date of listing, the petitioners may not be arrested consequent to the impugned F.I.R dated 06.02.2024 as Case under Sections- 7/7A, 12, 13(1)(b) and 13(2) of Prevention of Corruption Act, read with 120 B of IPC, Police Station- Sidhari, District- Azamgarh.
It is also provided that the petitioners shall fully cooperate in the investigation, failing which, they shall not be entitled to the benefit of the order”, the order reads.