The Allahabad High Court has stayed the arrest of Shamim Ahmed, former chairman of Mohammadabad Nagarpalika Parishad of Ghazipur district, in the case of rigging in the entry of tax assessment register.
The Division Bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh passed this order while hearing a petition filed by Shamim Ahmad.
The petition seeks quashing of the F.I.R dated 11.08.2023 giving rise to Case under Sections 420, 467, 468, 120-B I.P.C, Police Station- Mohammadabad, District Ghazipur.
The contention of the counsel for the petitioner is that the allegations in the FIR are primarily against the Executive Officer and the clerk, responsible for maintenance of the tax assessment register wherein some fraudulent entries are alleged.
No specific role has been assigned to the petitioner nor was he as Chairman of the Nagarpalika Parishad, Mau, responsible for entries in the tax assessment register.
The FIR is also without allegation as to the time frame during which this alleged fraudulent entry was made. The petitioner was Chairman from 01.12.2000-11.01.2006.
The Court observed that the matter requires consideration.
The Court issued notice to the first informant, respondent no 4.
“Till the next date of listing, the petitioner may not be arrested consequent to the impugned F.I.R dated 11.08.2023 giving rise to Case under Sections 420, 467, 468, 120-B I.P.C, Police Station- Mohammadabad, District- Ghazipur.
This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C, whichever is earlier. It is also provided that the petitioner shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of the order.
List this petition for admission/final disposal after the aforesaid respondent has been served”, the order read.