Neutral Citation No. - 2025:AHC-LKO:9586-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1098 of 2025 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secretariat Lko. And 3 Others Counsel for Petitioner :- Omkar Singh,Akhilesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. appearing on behalf of the State Respondents. 2. The present writ petition has been filed by the petitioner for the following main relief:- "(i) To issue a writ, order or direction in the Nature of Certiorari to quash the impugned First Information report No.0009/2025, under section 318(4) (earlier 420 IPC)/ 316(5) (earlier 409 IPC) of Bhartiya Nyay Sanhita-2023, Police station Mahigawa, District Lucknow North (Commissionerate Lucknow) dated 31.01.2025, so far as it relates to the petitioner, contained as Annexure No.1 to this writ petition" 3. This Court had earlier passed an order directing the State Respondents to produce before this Court a copy of the preliminary enquiry report on the basis of which the impugned F.I.R. had been lodged. 4. Learned A.G.A. has produced a copy of instructions sent by Sri Ravendra Singh, Sub Inspector/ Investigating OfÏcer, P.S. Mahigawa, District Lucknow, wherein it has been stated that during the preliminary enquiry documentary evidence was considered and it was found that the bill vouchers have signatures of the petitioner and that the petitioner Santosh Kumar Singh, Gram Rojgar Sewak, Gram Panchayat Rewamau had fraudulently shown the regeneration/ rejuvenation of Amrit Sarovar Hadarhiya Pond and fraudulently created Muster Roll labourers for whom payment was made by him. There was duplicacy of work found and fraudulent and irregular financial transactions having been carried out by the petitioner. 5. Instructions filed along with the Case Diary containing the preliminary enquiry report are kept on record. 6. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the said case. The present impugned F.I.R. has been lodged by respondent no.4 against the petitioner just for harassment and with oblique motive, hence the present impugned F.I.R. is liable to be quashed. 7. Learned A.G.A. has opposed the prayer for quashing of the First Information Report and, on the basis of instructions, has submitted that cognizable offence is made out against the petitioner in the impugned F.I.R., therefore, the present writ petition is liable to be dismissed. 8. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R. as also the instructions produced by learned A.G.A., we are of the opinion that the impugned F.I.R. discloses cognizable offence by the petitioner regarding breach of trust reposed upon him as a public servant, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner. 9. The present writ petition is dismissed. Order Date :- 14.2.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench