Allahabad High Court
Smt. Anuradha Misra vs The State Of U.P Thru Secy., Home ... on 8 July, 2014
Bench: Ajai Lamba
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- U/S 482/378/407 No. - 2969 of 2014
Applicant :- Smt. Anuradha Misra
Opposite Party :- The State Of U.P Thru Secy., Home Lucknow And Anr.
Counsel for Applicant :- Raj Kumar Upadhyaya (R.K.
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ajai Lamba,J.
1.This petition has been filed under Section 482 of the Code of Criminal Procedure in challenge to order of summoning dated 24.4.2013 (Annexure-4) passed by Additional Chief Judicial Magistrate, Pratapgarh. Petitioner carried a revision which has been dismissed vide the other impugned order dated 2.5.2014 (Annexure-5).
2.Learned counsel contends that the petitioner has been serving as Village Pradhan since 2010. A complaint was made against Fair Price Shop owner Girdhar Gopal Mishra by the petitioner, whereupon criminal proceedings under Essential Commodities Act were initiated. The said Girdhar Gopal Mishra was put in jail and his licence was cancelled.
3.Girdhar Gopal Mishra being inimical towards the petitioner filed a criminal case against the petitioner, on the allegation that fake ration cards had been verified by the petitioner. Crime No.389 of 2011 was registered for committing various offences including Sections 409/420/419 I.P.C. etc.
4.Be that as it may, no incriminating material was found against the petitioner and final/cancellation report was submitted.
5.In the contention of learned counsel for the petitioner, respondent no.2 who happens to be a friend of Girdhar Gopal Mishra filed an application for misappropriation of quota in relation to the incident earlier mentioned hereinabove. Crime No.385 of 2012 was registered against the petitioner. After inivestigation, final/cancellation report was filed.
6.Respondent no.2 filed a protest petition on the basis of photocopy of a document, purportedly to be submitted by Supply Inspector to the Sub Divisional Magistrate, Patti, Pratapgarh, in which summoning order has been issued.
7.In the contention of the learned counsel, the document is fabricated. No reliance could be placed on a photocopy.
8.On the second count, it has been argued that the proceedings are in counterblast to the proceedings initiated by the petitioner in discharge of his duties as Village Pradhan against Girdhar Gopal Mishra, the friend of respondent no.2. If the proceedings are allowed to continue, honest public servant shall be discouraged from serving.
9.It has also been argued that in relation to the crime, the statements of card holders have been recorded by investigating agency. Under the circumstances, the final/cancellation report is based on relevant evidence. Any proceedings in that regard would be in abuse of process of the Court.
10.Considering the contention of the petitioner, issue notice to respondent no.2, returnable on 19.8.2014.
11.List on 19.8.2014.
12.Further proceedings against the petitioner shall remain stayed till the next date of listing.
Order Date :- 8.7.2014
A.Nigam
