Ashutosh Dwivedi Thru. His Father ... vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 3187 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 2						       		        A.F.R.
 
Case :- MISC. BENCH No. - 18216 of 2017
 

 
Petitioner :- Ashutosh Dwivedi through His Father Sri Awadhesh Dwivedi and another
 
Respondent :- State Of U.P. through Principal Secretary (Home) and others
 
Counsel for Petitioner :- Himanshu Raghave,Atul Kumar Singh Gaur
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shri Narayan Shukla,J.

Hon'ble Virendra Kumar-II,J.

(Delivered by Hon'ble Virendra Kumar-II, J.)

1. Heard Shri Himanshu Raghave, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State.

2. This writ petition has been instituted on behalf of petitioners for providing adequate police protection by quashing the order dated 24.08.2016 passed by Senior Superintendent of Police, Lucknow on the representation dated 20.05.2016 and report dated 19.07.2016 of the District Level Committee, Lucknow.

3. It is pleaded by the petitioners that in Writ Petition No. 3780 (MB) of 2015 the order dated 17.05.2016 was passed by this Court. In compliance of this order representation dated 20.05.2016 was made by the petitioners before the Senior Superintendent of Police, Lucknow, which has been rejected vide order dated 24.08.2016. The District Level Committee had also reported on 19.07.2016 against the petitioners stating that there was no danger to the life of petitioners. It is further pleaded that petitioner No.1 is a student of Class-XI who presently resides with his mother, petitioner No.2. His handicapped father is keeping away from them in order to seek legal remedies and to escape the clutches of the adversaries.

4. It is further pleaded that the petitioner No.1 is minor and owns a piece of land on a part, on which, a semi constructed house exists, where petitioners reside. They have fallen prey to the conspiracy hatched by Dr. Som Shekhar Dixit and Jai Prakash Shukla, who want to covet their land and are supported by hooligans, some notorious lawyers, local police, some administrative officials and politicians. Repeated incidents involving violence with the petitioners have virtually left them a captive in their house.

5. It is mentioned that every passing day is driving them nearer to their end. The idea of committing suicide is hovering on their mind. If the father comes to help he would certainly be arrested and some false and fabricated criminal case would be heaped upon him at the instance of the won over Scheduled Caste natives of the village. It is contended that under the orders of this Court, police protection to the petitioners was accorded, however, under the influence of the adversaries it was withdrawn. Now there is such a situation that if police protection to them is not given, they would die under the circumstances sketched by their adversaries.

6. It is contended by the petitioners that Shri Awadhesh Dwivedi, father of petitioner No.1 and husband of petitioner No.2 wasborn at Ahmedabad, where his father was employed in a textile mill. He owned ancestral property in village Katari, Tehsil Gauriganj, District Sultanpur (presently Amethi). He was having share admeasuring about 10 Bighas. Shri Jagdhar Dwivedi, grand father of petitioner No.1 was looking after his ancestral property. Every now and then some mischievous villagers would cause temporary encroachment on their land leading to acrimony. Father of Awadhesh Dwivedi stayed in Ahmedabad. Some of the villagers acted under the command of one gangster Sukh Sagar Mishra alias Fauji, who was a life convict and had been turned out of Army after court marshal, who made frantic attempts to grab the land of Awadhesh Dwivedi and his father. In the gang of Sukh Sagar Mishra, one Vidya Shraran Tiwari, a dreaded criminal and life convict, has joined hands with the adversaries of the petitioners at Lucknow. Shri Awadhesh Dwivedi was actually staying at Lucknow since 1990. He got education, i.e., graduation and LL.B. from the Lucknow University. He started practicing law from the year 1998 before this Court and the subordinate courts.

7. It is admitted in the grounds of petition that in Session Trial No. 296 of 2006, Awadhesh Dwivedi was convicted under Section 302 IPC and sentenced for life term vide judgment dated 15.05.2008 relating to the incident dated 23.10.2002 occurred in his native village. Criminal Appeal No. 1167 of 2008, Awadhesh Dwivedi Vs. State of U.P. is pending. The accused has been released on bail with stipulation that he would not visit Sultanpur til the pendency of the said appeal vide order dated 04.09.2008.

8. Shri Awadhesh Dwivedi enjoyed peaceful life till 2013. Awadhesh Dwivedi and his father were fed up of the disputes at their native village at Sultanpur, they decided to leave the place. They disposed of their entire property at Sultanpur and came to Lucknow on permanent basis. An agreement to sale was executed of one fourth portion of the land measuring 15,000 square feet, i.e., 0.1365 hectare of Khasra Plot No. 106-Sa situated at Village Mampur Bana, Tehsil Bakshi Ka Talab, District Lucknow in favour of his grand father. After the death of grand father of petitioner No.1, this property was purchased by a registered sale deed dated 07.02.2008 in favour of minor petitioner No.1, namely Ashutosh Dwivedi. His name was mutated in the revenue records.

9. It is contended that Dr. Som Shekhar Dixit from Shahjahanpur, i.e. respondent No.7 bought on 17.11.2011 the land of Khata No. 141, admeasuring 4 and 1/2 bighas adjacent to the land of the petitioners. The boundaries of this land was wrongly mentioned in the registered sale deed. Dr. Som Shekhar Dixit along with his relative Jai Prakash Shukla, who is a notorious builder, started interfering with all the neighbouring plot holders. They did not allow any plot holders to raise any construction perhaps with intention that on some day the harassed and oppressed plot holders might leave the land to them and take amount settled for. This sale deed has been challenged in Regular Suit No. 333 of 2015, Raja Ram Vs. Dr. Som Shekhar Dixit. This suit is pending in the Court of Civil Judge, Hawali (J.D.), Lucknow. Dr. Som Shekhar Dixit as a defendant has filed his written statement.

10. It is also contended that Shri Awadhesh Dwivedi is a practicing lawyer of this Court, who often goes to the subordinate courts for conducting his cases. He is a member of Oudh Bar Association for the last more than 14 years. He suffers from 50% disability and is hardly able to run or walk briskly.

11. It is mentioned in the grounds of writ petition that the petitioners were constructing two rooms and had just finished with the laying of the slab/ roof. On 23.03.2014 Dr. Som Shekhar Dixit came along with his relative Jai Prakash Shukla and 20 other persons and stalled the construction. On 30.03.2014 at about 11:00 a.m. they again came at the land of the petitioners with JCB machine. Some police men were accompanying them. They started demolishing the boundary pillars on the land of the petitioners. When Awadhesh Dwivedi objected, he was threatened that he would be arrested. Smt. Asha Devi, petitioner No.2 fell down in front of JCB machine, which ultimately prevented the demolition.

12. Shri Awadhesh Dwivedi made several applications to the competent authority but there was no response, therefore, Writ Petition No. 2753 (MB) of 2014, Awadhesh Dwivedi Vs. State of U.P. and others was instituted before this Court, wherein following order was passed on 01.04.2014 by this Court:

"Till the next date of listing, the parties are directed to maintain status quo as it exists today, that is, neither the petitioner will make any construction over the plot in question nor opposite parties will demolish the structures erected over the plot in question."

13. It is also alleged that Dr. Som Shekhar Dixit and others came in the intervening night of 12/13th April, 2014 at about 2:00 a.m. including Jai Prakash Shukla, Ram Naresh Vishwakarma Advocate @ Ramu and other unsocial elements, interim order dated 01.04.2017 was tore in pieces by Dr. Som Shekhar Dixit. The beams and roof were damaged and demolished. Awadhesh Dixit, his wife and petitioner No.1 were beaten up. Station Officer, Bakshi Ka Talab, Shri R. P. Yadav and S.S.I. Shri C.B. Yadav were contacted, but no action was taken. Petitioners and Shri Awadhesh Dwivedi were medically examined at Balrampur Hospital at Lucknow. On the basis of application dated 13.04.2014 moved by Awadhesh Dwivedi before the Senior Superintendent of Police, Lucknow. When the FIR was not lodged then the President, Bar Association, High Court, Lucknow wrote a letter dated 19.05.2014, then Crime No. 114 of 2014, under Sections 323, 427, 394 IPC was registered.

14. Shri Awadhesh Dwivedi due to illness could not attend this Court on 21.04.2014 and on the false statement made before this Court, order for demarcation under Section 41 of the U.P. Land Revenue Act was obtained in Writ Petition No. 2753 (MB) of 2014. S.D.M. Sadar, Lucknow on direction dated 06.05.2014 passed by the District Magistrate, demarcated the disputed land on the basis of application dated 12.05.2014 moved under Section 41 of the Land Revenue Act. Ashutosh Dwivedi, petitioner No.1 filed Criminal Misc. Case No. 6655 of 2014 under Section 340 Cr.P.C., Ashutosh Dwivedi Vs. Som Shekhar Dixit, in which, notices were issued against Dr. Som Shekhar Dixit.

15. Shri Awadhesh Dwivedi also made representation on 06.08.2014 before the Director General of Police, U.P., Lucknow regarding bad behaviour of police and for not conducting proper investigation of FIR dated 24.05.2014. On 21.08.2014 at about 3:00 p.m. when Awadhesh Dwivedi was returning from civil court, Dharmendra Mishra alias Kallan, Ashwani Trivedi and 5-6 advocates abused him and threatened him to kill the entire family, if the land was not left to the said advocates. The application dated 21.08.2014 was moved before the S.S.P., Lucknow by him, but no action was taken by the police.

16. A detail of FIRs of the incidents committed by the respondents with the family of petitioners has been mentioned in para-13 of the writ petition. Out of these 11 criminal cases, in Case Crime No. 203 of 2014, under Sections 147, 148, 149, 452, 323, 506, 506 IPC and Case Crime No. 202 of 2014, under Sections 454, 380 IPC, P.S. Bakshi Ka Talab, District Lucknow, final reports were submitted by the police, but on the basis of protest petition filed by the complainant-petitioners, further investigation has been ordered to be conducted by the Court of A.C.J.M.V, Court No.9, Lucknow. In Case Crime No. 400 of 2014, under Sections 147, 148, 323, 504 IPC, and Case Crime No. 401 of 2014, under Sections 147, 323, 504, 506, 341 IPC, P.S. Wazirganj, District Lucknow, final reports were submitted by the police, but on the basis of protest petition filed by the complainant-petitioners, further investigation has been ordered to be conducted by the Court of A.C.J.M., C.B.I., (A.P.) Lucknow.

Case Crime No. 227 of 2014, under Sections 147, 323, 504, 506 IPC, P.S. Qaiserbagh, District Lucknow was treated as a complaint case after rejection of final report No. 64 of 2015 dated 06.07.2015. Criminal Revision against the order dated 27.08.2015 passed by A.C.J.M.Ist, Lucknow is pending before the Additional District & Sessions Judge, P.C. Act(II), Lucknow.

In Case Crime No. 291 of 2014, under Sections 147, 148, 452, 307, 354-A, B, C, D, 427, 323, 504, 506 IPC, charge sheet has been filed.

In Case Crime No. 106 of 2015, under Sections 147, 452, 323, 504, 506 IPC, P.S. Bakshi Ka Talab, charge sheet has been filed.

In Case Crime No. 132 of 2015, under Sections 420, 467, 468, 471 IPC, P.S. Qaiserbagh and Case Crime No. 223 of 2016, under Sections 147, 458, 324, 326, 323, 504, 506, 120-B IPC, P.S. Bakshi Ka Talab, Lucknow, investigation is going on.

In Case Crime No. 290 of 2015, under Sections 394, 120-B, 504 IPC, P.S. Bakshi Ka Talab, Lucknow, final report has been submitted by the Investigating Officer before the competent authority.

17. It is also contended that on 22.05.2017 Smt. Jyotsna Yadav, Sub Divisional Officer, Bakshi Ka Talab, came at the disputed property along with her staff, more than 100 policemen, Jai Prakash Shukla and Dharmendra Mishra alias Kallan along with 12 other lawyers and other supporters including Sushil Rawat, Kunwar Bahadur and Sandeep Rawat also arrived and abused Smt. Asha Devi and threatened to demolish the house of the petitioner by JCB machine. Petitioner No.1 informed his father, Shri Awadhesh Dwivedi, who was attending the Court, rushed at his home. He asked Smt. Jyotsna Yadav as to how without giving any prior information she had come with JCB. She became furious and directed Jai Prakash Shukla and others to demolish the boundary pillars of the land of the petitioners. Smt. Asha Devi raised objection then she was also abused and was beaten up. Shri Awadhesh Dwivedi was also assaulted by Girish Chandra Pandey(S.S.I.), Bhupendra Singh(S.I.), Shailendra Singh(Naib Tehsildar), Jai Prakash Shukla and some other police men. The petitioners and Shri Awadhesh Dwivedi were brought at police station in injured state and detained at Police Station Bakshi Ka Talab for eight hours. They were medically examined on 23.05.2017 at Balrampur Hospital. Shri Awadhesh Dwivedi sustained ten injuries. The petitioner No.1 and Smt. Asha Devi sustained 7 injuries. Written application dated 23.05.2017 was moved before the Senior Superintendent of Police, Lucknow but no action was taken. Case Crime No. 274 of 2017, under Sections 332, 353, 323, 309, 504, 506, 392 IPC, P.S. Bakshi Ka Talab, Lucknow was lodged against the peittioners on the basis of FIR submitted by Ms. Jyotsna Yadav, S.D.M.

18. The petitioners came to know that Case No. 94/152/214/13-14, Dr. Som Shekhar Dixit Vs. Smt. Rajrani and others, under Section 176 of U.P.Z.A. & L.R. Act was instituted and final order was passed for demarcation of the disputed land. In compliance of that order, the S.D.M. came on 22.05.2017 at about 12:30 p.m.

19. The petitioners filed Writ Petition No. 12224 (MB) of 2017, Ashutosh Dwivedi and others Vs. State of U.P. and others, in which this Court passed the order dated 26.05.2017. It was informed by the Additional Chief Standing Counsel that the house of the petitioners had not been demolished and was not proposed to be demolished. Whatever demolition had been made that pertains the encroachment over the government land. Notices were issued to the private parties and counter affidavits were invited.

20. It is further pleaded that it is strange that soon after the removal of encroachment on the so called government land, construction was ensured thereon in favour of Dr. Som Shekhar Dixit which proves that the demolition and dispossession were done in his interest. It is also contended that Shri Awadhesh Dwivedi went to civil court, Lucknow on 29.05.2017 in order to file an application under Section 156(3) Cr.P.C., where he was confronted by 10-12 lawyers fed by Dr. Som Shekhar Dixit and Jai Prakash Shukla, who abused and tore the application after snatching the file from him. The petitioner gave information of the incident at about 11:35 a.m. by dialing No. 100. A written application No. 29.05.2017 was sent to S.S.P., Lucknow. The petitioners filed Writ Petition No. 13177 (MB) of 2017, Ashutosh Dwivedi and others Vs. State of U.P. and others, wherein this Court directed on 02.06.2017 to S.S.P., Lucknow and S.H.O., Bakshi Ka Talab to appear at 2:00 p.m. same day. At about 2:00 p.m., these were present and they assured that the FIR of the petitioner would be immediately registered.

21. It is further contended that copy of the FIR dated 22.05.2017 was received by the petitioners in the evening of 02.06.2017. This FIR was challenged in Writ Petition No. 13885 (MB) of 2017, Ashutosh Dwivedi and others Vs. State of U.P. and others, in which interim order dated 22.06.2017 was passed in favour of the petitioners and their arrest was stayed by this Court. The State and its authorities filed Review Petition No. 61780 of 2017 on 13.06.2017 instead of complying with the judgment and order dated 02.06.2017 passed in Writ Petition No. 13177 (MB) of 2017.

22. It is contended that Dr. Som Shekhar Dixit wrote a letter dated 06.01.2017 to Shri Suresh Kumar Khanna, Minister for Parliamentary Affairs and Urban Development, who directed the District Magistrate to get the land of Dr. Som Shekhar Dixit demarcated in terms of the judgment dated 25.11.2013 passed in suit under Section 176 of U.P.Z.A. & L.R. Act. The petitioners or their predecessors were not party in the suit. This Court in Writ Petition No. 2753 (M/B) of 2014, Ashutosh Dwivedi & others Vs. State of U.P. & others, vide judgment dated 21.04.2014 had already directed for fresh demarcation ignoring previous demarcation. Even then Ms. Jyotsna Yadav was directed to demarcate the disputed property.

23. It is also contended that the petitioners have also filed Review Application No. 66639 against the judgment and order dated 02.06.2017 for investigation through C.B.I. Both the review applications have been connected and notices were issued. Shri Jai Prakash Shukla, Dharmendra Mishra alias Kallan, brother of Jai Prakash Shukla and 15 to 20 others unsocial elements abused the petitioners, while striving to construct the boundary wall on the land of the petitioner and were arrested on 15.06.2017 in the morning. Shri Awadhesh Dwivedi sent written application dated 15.06.2017 to the Hon'ble Chief Minister of Uttar Pradesh, copy whereof were sent to Principal Secretary, Home, U.P., S.S.P., Lucknow and the District Magistrate.

24. It is further mentioned that another incident took place on 01.07.2017 at 4:30 p.m. when the opposite parties attacked Awadhesh Dwivedi and abused him and tried to push him in the canal. He made representation dated 05.07.2017 to S.S.P., Lucknow and another representation dated 18.07.2017 to the Hon'ble Chief Minister of U.P. Smt. Asha Devi was going market for buying vegetables and other items on 19.07.2017 at about 4:00 p.m. when two cars came from behind and over taken her. Jai Prakash Shukla, Dharmendra Mishra alias Kallan, Dr. Akhilesh Dixit, brother in law of Jai Prakash Shukla and 5 to 6 persons came out, abused her and beaten her up. Her purse in which an amount of Rs.2500/- was kept by her, was also robbed. Shri Awadhesh Dwivedi informed the incident by sending an application to the Chief Minister of U.P., and copies of which were also sent to Principal Secretary, Home, U.P. Government, Lucknow, D.G.P., U.P. Lucknow, District Magistrate, Lucknow and S.S.P., Lucknow.

25. It is contended that on 04.08.2017 at about 1:45 p.m. another incident took place. Sandeep Rawat, Sushil Rawat and Sujji Rawat, both sons of Kunvar Bahadur, Alok Rawat, brother of Sandeep Rawat and two other villagers supported by policemen abused the petitioners and urinated facing the house of the petitioners. They made indecent proposals to Smt. Asha Devi thereby outraging her modesty. Their language was so filthy that Asha Devi retaliated and took the kerosene oil container in order to set herself on fire, instead of bearing the extreme mental torture and insult. This incident was also informed to the higher authorities of the police including A.D.G.-Zone, S.S.P., Lucknow, S.P., R/A and S.H.O, Bakshi Ka Talab.

26. On the basis of above mentioned facts and circumstances, it is contended that petitioner No.1, who is a student of Class-XI of St. Joseph Inter College, Sitapur Road, Lucknow, is not able to attend school since 19.07.2017 and the petitioners are in dire need of police protection. On the basis of these facts and circumstances, following relief has been sought:

"(i) issue a writ, order or direction in the nature of Certiorari or likewise thereby quashing the impugned order dated 24.08.2016 (Annexure No.1) passed by the Senior Superintendent of Police, Lucknow on the representation dated 20.05.2016;

(ii) issue a writ, order or direction in the nature of Certiorari or likewise thereby quashing the Report dated 19.07.2016 of the District Level Committee, Lucknow (Annexure No. 2) in respect to the requirement of police protection to Ashutosh Dwivedi (petitioner No.1) recommending against the same stating that there was no danger to his life;

(iii) issue a writ, order or direction in the nature of Certiorari or likewise thereby quashing the Report dated 19.07.2016 of the District Level Committee, Lucknow (Annexure No. 3) in respect to the requirement of police protection to Awadhesh Dwivedi (petitioner No. 2) recommending against the same stating that there was no danger to his life;

(iv) issue a writ, order or direction in the nature of Mandamus or likewise thereby commanding the opposite parties competent to provide to the petitioners adequate police protection ignoring the impugned order dated 24.08.2016 passed by the Senior Superintendent of Police, Lucknow as also contained in Annexure No.1 as also the impugned Reports dated 19.07.2016 of the District Level Committee, Lucknow contained in Annexure Nos.2 and 3 respectively;

(v) issue an appropriate writ, order or direction thereby allowing them to end their life in the eventuality of the preceding prayers not being granted by this Hon'ble Court;

(vi) pass such other order as the merits of the case admit of; and

(vii) award the cost of this petition."

27. We have perused the impugned order dated 24.08.2016 passed by the Senior Superintendent of Police, Lucknow, in which progress of investigation of eight criminal cases lodged by the family of petitioners was mentioned. The District Security Committee observed and prepared the report dated 19.07.2016 assessing life threat perception of Shri Awadhesh Dwivedi and his son petitioner No.1, Ashutosh Dwivedi and found that there was no such life threat perception in existence. Vide order dated 24.08.2016, the Senior Superintendent of Police, Lucknow had rejected the representation moved by Shri Awadhesh Dwivedi, father of petitioner No.1.

28. The District Security Committee had noticed the conviction of Shri Awadhesh Dwivedi in Session Trial No. 296 of 2006, under Section 302 IPC relating to Case Crime No. 490 of 2002 of Police Station Jamo, District Sultanpur, of which, Criminal Appeal No. 1167 of 2008 is pending before the High Court, Lucknow Bench. It was observed that Shri Awadhesh Dwivedi is having dispute with Dr. Som Shekhar Dixit on the basis of disputed land relating to the share of 1/4 part of Khasra No. 106, area admeasuring 0.506 hectare, which was purchased by Shri Awadhesh Dwivedi from Sriram, S/o Munnalal in favour of his son Ashutosh Dwivedi. It is alleged by Shri Ashutosh Dwivedi and his mother petitioner No.1 that due to this land dispute they were assaulted at various occasions and first information reports of the various incidents have been lodged by them. Writ Petition No. 3780 (MB) of 2015 is also pending before the High Court, Lucknow Bench. It is also mentioned in this report dated 19.07.2016 that wife of the deceased Om Prakash Shukla, Smt. Ramesh Kumari lodged Case Crime No. 142 of 2016, under Sections 452, 323, 504, 506 IPC against Shri Awadhesh Dwivedi. Shri Awadhesh Dwivedi has been convicted for murder of Om Prakash Shukla. The gunner provided to Ashutosh Dwivedi was withdrawn on 24.07.2015 as there was no life threat perception to him. It was also found that Awadhesh Dwivedi is adopting various measures to receive facility of gunner by instituting writ petitions on behalf of his son Ashutosh Dwivedi. Likewise it was observed that Ashutosh Dwivedi is attending school St. Joseph College within the police station territory of Police Station Madiyaon and he is going along with other students. He is not having any life threat perception. Shri Awadhesh Dwivedi is eager to receive gunner anyhow.

29. On perusal of grounds of this writ petition, it appears that real dispute between the petitioners' family and Dr. Som Shekhar Dixit is relating to land purchased in favour of Shri Ashutosh Dwivedi. Whenever attempt is made by the revenue authorities to demarcate this land, the alleged incident occurred as per the version of the petitioners. The FIR of 11 criminal cases has been lodged by Shri Awadhesh Dwivedi and his family members, which is mentioned in para-13 of this writ petition.

30. The petitioners have also alleged that some lawyers of civil court, Lucknow are also supporting Dr. Som Shekhar Dixit and are threatening to the petitioners to leave the land for him. In these circumstances, the petitioners have alternative remedy for demarcation of their land according to the provisions of Revenue Code or to file civil suit before the competent civil court on the basis of the sale deed dated 07.02.2008. They may also pursue the matter of their security before the trial court being witnesses of the criminal cases registered against the opposite parties. The petitioners may also pursue their matter before this Court in the pending writ petitions instituted by them. By instituting regular writ petitions, the petitioners are unnecessarily invoking the jurisdiction of this Court under Article 226 of the Constitution of India, whereas they have alternative remedy, civil as well as criminal, available against the private opposite parties.

31. As far as, the District Security Committee and the Senior Superintendent of Police had rejected their claim for providing security and found that Shri Ashutosh Dwivedi, father of petitioner No.1 and husband of petitioner No.2, is a life convict and he and his family has no life threat perception, the petitioners may approach the Regional Security Committee and State Level High Security Committee for providing them security according to security policy framed by the Government. The petitioners would be at liberty to make representation before the Regional Security Committee and if required before the State Level Committee or to make prayer by moving application before the trial court being witnesses of the criminal cases for obtaining security for them.

32. In view of the above mentioned facts, circumstances and discussions, this writ petition devoid of merits and the same is liable to be dismissed.

33. Dismissed accordingly.

Order Date :- 11.08.2017

Mustaqeem

(Virendra Kumar-II, J.) (Shri Narayan Shukla, J.)