Allahabad High Court
Rakesh Kaushik vs State Of U.P. And Another on 1 August, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 22175 of 2016
Applicant :- Rakesh Kaushik
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Abhishek Tripathi,Sarita Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
This application by applicant - Rakesh Kaushik has been field under Section 482 Cr.P.C for quashing the charge-sheet no. 382 of 2015 in Case No. 7590 of 2015 "State of U.P. Vs. Rakesh Kaushik" arising out of Case Crime No. 620 of 2015, under Section 434 I.P.C, Police Station - Hapur Kotwali, District Hapur, as well as cognizance order dated 28.10.2015 passed by the Court of Chief Judicial Magistrate, Hapur in Case No. 7590 of 2015 - State Vs. Rakesh Kaushik pending before the Court of Chief Judicial Magistrate, Hapur. It is further prayed that further proceedings may be stayed.
It is submitted by the learned counsel that demolition proceedings against encroachment was taken by the administration and against that demolition proceeding Bhawani Shiksha Parishad filed a Public Interest Litigation, in which counsel for the applicant was Lieutenant Colonel, who is also deponent in the present case and in that certain directions were issued by the court in Public Interest Litigation (PIL) No. 545 of 2013 dated 08.01.2013. Aggrieved by that PIL house of the applicant was demolished three fit inside the boundary wall. A complaint was made by the applicant before the District Magistrate dated 30.07.2015 / 01.08.2015 against Mr. Shamshad Hussain for demolition, extortion, loot and criminal intimidation, but surprisingly Mr. Shamshad Hussain was entrusted with enquiry and notice regard that was issued by Mr. Shamshad Hussain dated 14.08.2015 to the appellant.
Quashing of F.I.R was also initiated by the applicant in Criminal Case No. 20848 of 2015 and a direction was issued by the Division Bench of this Court vide order dated 26.08.2015. It is submitted that due to grudge and annoyance regarding proceeding drawn by the applicant his house has been demolished and a false case is being initiated against the applicant.
Seeing the facts and circumstances, let a notice be issued to respondents. They may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within three weeks thereafter and list immediately thereafter.
Meanwhile no coercive action will be taken against the applicant in regard to matter referred above i.e Case No. 7590 of 2015, pending before the Chief Judicial Magistrate, Hapur. This order will not effect any proceeding taken against applicant regarding encroachment and in garb of order applicant will not be allowed to reconstruct demolished portion of his house.
Order Date :- 01.08.2016.
Vinod.
