S K SARASWAT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. Gone through the record. We have also gone through the contents of the F.I.R. Under challenge in this writ petition is F.I.R relating to case crime no. 244 of 2005 under Section 419 & 420 IPC of P.S. Kotwali Nagar, District Sultanpur. Submission of learned counsel for the petitioner is that since the petitioner happens to be cashier of the Bank, as such, just to make him a scape goat, he has been falsely involved in the present case and till date no incriminating evidence has been found against the petitioner in the investigation. It is further argued that one of the Bank employees, who had filed Writ Petition No. 4797 (MB) of 2006 this Court while disposing of the petition had stayed his arrest till submission of charge sheet or report under Sections 173 or 169 Cr.P.C subject to his cooperation in the investigation. This order has been annexed as Annexure No. 4 to the petition. The present petitioner claims parity with said order. Accordingly it is provided that the petitioner shall not be arrested in the above mentioned crime number till submission of charge sheet or report under Sections 173 or 169 Cr.P.C, as the case may be, subject to his cooperation in the investigation. With the above direction, the petition is finally disposed of.