Rachit Yadav vs The State Of U.P Thru Secy., Home ...
2014 Latest Caselaw 6361 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
C.M. Application No. 32173 of 2014
 
In
 

 
Case :- MISC. BENCH No. - 7288 of 2013
 

 
Petitioner :- Rachit Yadav
 
Respondent :- The State Of U.P Thru Secy., Home Lucknow And Ors.
 
Counsel for Petitioner :- Shrawan Kumar
 
Counsel for Respondent :- Govt. Advocate,Ganga Singh
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Ashwani Kumar Singh,J.

Heard Sri Ganga Singh, learned counsel for respondent No. 5 Raj Kumar Mishra.

Sri Shrawan Kumar, learned counsel for the petitioner has sent his illness slip.

This application under section 340 Cr.P.C. has been filed by respondent No. 5 Raj Kumar Mishra with a prayer that a suitable order may be passed for the prosecution of the petitioner.

It is contended by learned counsel for the respondent No. 5 that petitioner has filed a fake/ manipulated voter ID card, on its basis incorrect and wrong averments have been made in the writ petition and has obtained the interim order dated 20.8.2013. The present application has been moved  with the allegation that voter ID filed by the petitioner in support of the writ petition is a fake/ manipulated document. It is a disputed fact, the same may not be adjudicated by this court only because if it is fake/ manipulated  ID card, it has been prepared out side the court, not in side this court. In such circumstance, without expressing any opinion on the allegation made by the respondent No. 5, no direction required to be issued by this court in this regard. But it shall be open to the respondent no. 5 to raise this issue at appropriate forum.

Accordingly this application is disposed of.

Order Date :- 11.9.2014

RPD