Neutral Citation No. - 2025:AHC-LKO:36780-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5561 of 2025 Petitioner :- Narendra Pratap Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Divya Dwivedi,Piyush Tripathi,Sampurnanand Dwivedi Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J. Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner, learned A.G.A. for the State and perused the material placed on record. By means of instant writ petition, the petitioner has prayed for quashing of the impugned first information report dated 12-06-2025, registered as F.I.R. No. 0081 of 2025, under section 409 of the I.P.C., Police Station-Utraula, District-Balrampur. It has been submitted by the learned counsel for the petitioner that the impugned first information report has been registered at the behest of the postal department by the Assistant Superintendent,Dakghar, Upmandal, Balrampur alleging that the petitioner, while posted as Postmaster in Utraula, had temporarily embezzled the money, which was deposited in the said post office and the same was remitted after a huge delay by the petitioner, who was responsible for the same. The details of the amounts received by the bank, where the petitioner was working, have been indicated in the first information report itself, which is for the period from 02-04-2024 till 09-07- 2024. All the amounts are between Rs. 10-20 Lacs. In the first information report, it has further been stated that some of the amounts were duly remitted to the postal department by the petitioner, but, after certain delay ranging from 12 days to 57 days and it seems that the entire amounts, which were collected in the post office of the petitioner was not remitted and in this regard, the petitioner himself has written letter to the Superintendent, Post Office, Gonda Mandal, Gonda asking for the details of the amounts, which are still outstanding. Learned counsel for the petitioner while submitting, has stated that it is a matter pertaining to the accounts and even if the allegations levelled in the first information report are deemed to be correct, then the dereliction of duties is on the part of the complainant itself, who is supposed to conduct audits periodically and every month and consequently, if the audits were conducted by the complainant within the time prescribed, then such allegations levellled in the first information report, could not have been levelled against the petitioner and consequently, he has sought interference of this court in the present case. Learned A.G.A. appearing for the State on the other has opposed the writ petition and it has been submitted that even though embezzlement is for certain period of time, but, that would fall within the ambit of provisions of sections 409 of the I.P.C. and the letter written by the petitioner himself on 25-02-2025, would clearly indicate that the petitioner himself does not dispute the fact that the amounts are still outstanding, which have not been remitted to the postal department, for which, it cannot be said that the allegations levelled on the face of it, are false. Considering the rival submissions of learned counsel for the parties, it is noticed that the allegations levelled against the petitioner, who was working on the post of Postmoster, Utraula,are serious in nature inasmuch as the amounts collected in the post office in various period, were not remitted to the postal department. Sometimes, some of the amounts were remitted,but that was after certain delay and even as per the letter written by the petitioner himself, it seems that the petitioner is fully aware of the aforesaid facts and he is ready and willing to deposit the aforesaid amounts. From the aforesaid facts and circumstances, it cannot be said that no offence is made out against the petitioner and accordingly, considering the guidelines laid down by the Hon'ble Supreme Court in the case of State of Haryana Vs Bhajan Lal, reported in 1992, AIR 604, no interference can be made in the present case. Accordingly, for the reasons aforesaid, we are not inclined to interference in the instant matter. The writ petition is dismissed accordingly. Order Date :- 30.6.2025 AKS (Shree Prakash Singh,J.) (Alok Mathur,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench