VINOD KUMAR KULIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal writ petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned FIR No.0132 of 2019, registered with Police Station Muni-Ki-Reti, District Tehri Garhwal for the offence under Sections 406, 409, 420 and 120-B of I.P.C.; a writ of mandamus to direct the respondents not to take any coercive steps including arrest of the petitioner in pursuance to the impugned FIR.

(2.) Facts, to the limited extent necessary, are that in the scholarship scam, in compliance with the order dated 05.09.2019 of this High Court, passed in Writ Petition (PIL) No.33 of 2019, Ashish Kumar, Sub-Inspector was appointed as a member of the Special Investigation Team (SIT). After enquiry, Sub Inspector Ashish Kumar lodged an FIR on 01.10.2019, against Swami Poornanand Degree College of Technical Education, Kailash Gate, Muni-Ki-Reti, Tehri Garhwal, Uttarakhand and Social Welfare Department. According to the FIR, Rs.14,88,500/- of scholarship amount was embezzled. The name of the present petitioner has come to light during the investigation and Sections 467, 468 and 471 of I.P.C. have been added against the present petitioner. The investigation is in progress.

(3.) Heard Mr. Navneet Kaushik, the learned counsel for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State.