Srawan Kumar Bhargava vs State Of U.P. And Another
2018 Latest Caselaw 1292 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- U/S 482/378/407 No. - 3948 of 2018
 

 
Applicant :- Srawan Kumar Bhargava
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajedra Pratap Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.

Issue notice to respondent No.2. Steps be taken within three days.

The opposite parties may file counter affidavit within four weeks. Two weeks thereafter is allowed for filing rejoinder affidavit.

List thereafter.

The case set forth is that the applicant is working as Pump Operator in Bharat Petroleum Company Limited and is aged about 52 years. It is stated that on account of certain family dispute one of his relatives lodged an F.I.R. on 26.12.2017 against the applicant under the provisions of Sections 419, 420, 467, 471 and 506 of the I.P.C. alleging that the applicant has manipulated the educational certificates and in consequence thereof has obtained appointment. A charge-sheet has been submitted on 26.4.2018. The applicant being aggrieved against the charge-sheet as well as the summoning order dated 30.5.2018 has approached this Court.

From the averments made in the F.I.R. as well as taking into consideration that the F.I.R. has not been lodged by the Company, rather has been lodged by one of the relatives of the applicant and further taking into consideration the fact that the applicant is aged about 52 years and serving on the post of Pump Operator, this Court stays the effect and operation of the summoning order dated 30.5.2018 arising out of Crime No.1434 of 2017, under Section 419. 420, 467, 471 and 506 of the I.P.C., Police Station Gauriganj, District Amethi till the next date of listing.

Order Date :- 21.6.2018

Rakesh

(Abdul Moin, J.)