Chandra Pal Singh vs State Of U.P. And Another
2019 Latest Caselaw 1413 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- APPLICATION U/S 482 No. - 9834 of 2019
 
Applicant :- Chandra Pal Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Sengar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It is contended by the learned counsel for the applicant that the only allegation made in the NCR whatsoever against the applicant herein is to the effect that contrary to the directions issued by the Election Commission, the slogans etc. written on the walls have not been eradicated or scrapped by him who was allegedly informed about the same but he did not comply with the directions and certain slogans in favour of applicant were found wirrten on the wall of a water works building. It has further been submitted that in fact NCR and the statement of first informant even if taken together as such, do not fulfil any of the ingredients of the offences foisted against the applicant herein under section 427 IPC. So the impugned proceedings are liable to be quashed not only because the NCR and the material collected during investigation do not constitute the alleged offences but also because the prosecution is manifestly attended with malafides political vengeance and the same springs out of malice with ulterior motives.

The matter requires consideration.

Learned A.G.A. has accepted notice on behalf of O.P. Nos. 1 and 2.

Learned A.G.A. may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within one week thereafter.

List thereafter before appropriate bench. Till the next date of listing the further proceedings of the NCR No. 05 of 2009 (State of U.P. Vs. Chandra Pal Singh) U/s 427 IPC, 1860, P.S. Prem Nagar, District Jhansi pending in the court of Special Judge (M.P./M.L.A.), Allahabad shall remain stayed.

The matter shall not be treated as tied up or part heard to this bench.

Order Date :- 15.3.2019

Masarrat