Application under section 483 Cr.P.C.
IN THE HON’BLE HIGH COURT OF JUDICATURE
AT
ALLAHABAD SITTING AT
LUCKNOW
Criminal Misc. Case
No. OF 2023
(U/s 483
Cr.P.C.)
Sudhakar Pandey … Petitioner
VERSUS
State of U.P. &
others
…
Opposite parties.
I
N D E X
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Sl. No. |
P a r t I c u l a r s |
Page No. |
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1. |
List of dates and events |
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2. |
Application for interim relief |
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3. |
Memo of petition U/s 483 Cr.P.C. |
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4. |
Annexure
No.1:- The true photo copy/certify copy of
the impugned Charge-sheet. |
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5. |
Annexure
No.2:- The true photo copy/certify copy of
summoning order dated 14.02.2023. |
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आवश्यकतानुसार Annexure बढ़ा लेना है इसमे सभी Annexure नहीं है |
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6.. |
A f f i d a v i t |
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7. |
I.D. along with Vakalatnama. |
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Lucknow
Dated:- (Vinod Kumar Pandey)
Advocate
For
the petitioners
A.O.R. No.B/V-0839
Mob-9415381583
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD
SITTING AT LUCKNOW
Criminal
Misc. Case No. OF 2023
(U/s 483
Cr.P.C.)
Sudhakar
Pandey … Petitioner
VERSUS
State
of U.P. & others … Opposite
parties.
LIST OF DATES AND
EVENTS
ये केवल डेमो है यहाँ अपने अनुसार लिखना है
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Sl.
no. |
Dates |
Events |
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1. |
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The applicant is aggrieved by the impugned cognizance order
dated 14.02.2023 as well as Charge Sheet No.01, dated-23.11.2022 passed by
A.D.J. II Sc. St., District- Lakhimpur Kheri, in Criminal Case No.62/2023.
“State Versus Sanu @ Vinay Kumar and others arising out in case crime
No.00367/2022, Under Section-323, 504 I.P.C. & Section 3(1)(Da), 3(1)(Dha), 3(2)(Va) Sc. St. Act Police Station-Maigalganj, District-Kheri, by which impugned
order apart from being illegal and arbitrary, has also been passed without
application of judicious mind. |
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2. |
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According
to the first information report it is alleged that the opposite party
No.02/complainant was going his home for taking food on 23.10.22 at 9:00 P.M.
the opposite party No.2 was behind government school at that time Sanu son of
Gudda and Chhotu son of Gudda and Gudda son of Rajjanu being drunken started
to abuse (gandi gaali) him. When the complainant forbade to abuse him at this
the petitioners started to beat him with lathi danda, resulting gum injury in
the head of complainant. |
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3. |
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In
the First Information Report that the brother of complainant/opposite party
No.2 namely Awadhesh and one villagers namely Jitendra son of Mangulal came
for saving him at this the petitioners beat them and they also got injury. |
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4. |
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The
I.O. has recorded the statement of only interested witnesses, no any
witness’s statement is recorded by the I.O. who are nearby residents of the
incident place. |
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5. |
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The
opposite party No.2/complainant has lodged the first information report on
false allegations due to village animosity/rivalry. |
Lucknow
Dated: - (Vinod
Kumar Pandey)
Advocate
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD
SITTING AT LUCKNOW
Criminal
Misc. Case No. OF 2023
5
Rs Stamp
Sudhakar
Pandey
…
Petitioner
VERSUS
State
Of U.P. & Another …Opposite parties
APPLICATION FOR INTERIM
RELIEF
The
above-named petitioner/applicant most respectfully begs to submit as under: -
That for the facts, reasons and
circumstances stated in the accompanying petition supported by an affidavit it
is most respectfully prayed that this Hon’ble Court may kindly be pleased to to
direct the opposite parties not to take any coercive action against the
petitioner in pursuance of the impugned summoning order dated 14.02.2023,
during pendency of this petition.
Such further orders as may be deemed
just and proper in the circumstances of the case may also kindly be passed in
the favour of petitioners.
Lucknow
Dated:- (Vinod Kumar Pandey)
Advocate
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD
SITTING AT LUCKNOW
Criminal
Misc. Case No. OF 2023
(U/s
483 Cr.P.C.)
5
Rs Stamp
Sudhakar
Pandey, aged about 44 years Son of Gopal
Shankar R/o Village Sakraur, Police Station Paraspur, District Gonda.
… Petitioner
VERSUS
1.
State
of U.P. through Principal Secretary, Home Department, Lucknow.
2. Babita
Maan @ Soniya W/o Ashok R/o Near Raghukul School Civil Lines Thana Kotwali
Nagar District Gonda.
3. Ashok
Pal S/o Sri Vikram Singh R/o House No.733 Mohalla Raghukul Nagar, Thana Kotwali
Nagar, District Gonda Permanent Address Village Sadikpur Sinauli, Thana
Chhapraul, District Bagpat.
4. Khubchand
Sharma S/o Late Ram Chandra Sharma aged about 57 years R/o Village Madaiya
Kamaruddin, Thana Kotwali Amroha, District Amroha.
5. Vimal
Ojha aged about 31 years S/o Harishchandra Ojha R/o Pandey Chaura, Thana
Karnailganj, District Gonda.
6. Harendra
Kumar aged abourt 54 years S/o Jagdish Singh R/o Village Sadikpur Sinauli,
Thana Chhapraul, District Bagpat.
7. Anjani
Kumar Pandey aged about 51 years S/o Sri Ram Adhar R/o Village Sakraur, Police
Station Paraspur, District Gonda.
8. Santosh
Kumar Pandey aged about 37 years S/o Rajendra Prasad Pandey R/o Village
Sakraur, Police Station Paraspur, District Gonda.
9. Kanhaiya
Pandey aged about 29 years S/o Sri Nand Kishor Pandey R/o Village Sakraur,
Police Station Paraspur, District Gonda.
10.
Anand Kumar Singh aged
about 42 years S/o Jagpal Singh R/o Village Sakraur, Police Station Paraspur,
District Gonda.
11.
Brijesh Kumar Singh
aged about 49 years S/o Shriram Naresh Singh R/o Village Dehras Poore Gajraj
Singh, Police Station Paraspur, Districh Gonda.
12.
Rajendra Pratap Singh
aged about …..years S/o Late Sri Ram Kumar Singh R/o Village Dehras Poore
Gajraj Singh, Police Station Paraspur, Districh Gonda.
… Opposite
parties.
Case
No.0367/2023
Under
Section- 340 Cr.P.C. read with Section 195 I.P.C.
Criminal
Case No. 62/2023
Police
Station-Paraspur
District-
Gonda.
The instant
petition is being filed for seeking direction that the Judicial Magistrate I
District Gonda to direct the Interim Relief Application filed by petitioner in
Application Under Section 340 Cr.P.C. read with section 195 IPC expeditiously
within stipulated period and further be please to stay the proceedings of
Criminal Case No…../2022 State of Uttar Pradesh Vs Sudhakar Pandey arising out
of Case Crime No.224/2022 under ectionn 376, 328, 504, 506, 420 IPC Police
Station Paraspur District Gonda during pendency of Interim Relief Application
pending before the court concern.
PETITION UNDER SECTION
483 Cr.P.C.
To,
The Hon’ble Chief
Justice and
His other Hon’ble
Companion Judges
Of this Hon’ble High Court,
May
it please Your Lordships;
The humble petition of the above-named
petitioner most respectfully begs to submit as under: -
1. That on the same set of facts, the applicant has not filed any
other application under section-483 Cr.P.C. before this Hon’ble Court, either
at Allahabad or Lucknow and this is the first application on behalf of the
applicant against the cause of action impugned hereunder and for the relieves
sought in the present application under section-483 Cr.P.C.
Brief
facts of the case: -
2. That That an
First Information Report was lodged vide Case Crime No. 224/2022, U/s- 376,
328, 504, 506, 420 IPC Police Station Paraspur, District Gonda against
applicant/accused by first informant with the allegations that Smt. Babita Man,
who claims herself to be an educated lady alleges that there is Junior High
School named as Gopal Shankar Janak Dulari Junior High School, Sakraur, Paraspur,
Gonda and applicant allegedly informed that the said school would be very soon
a Govt. aided institution and believing the said fact complainant started
working as Principal and teacher since 2007 in the school. Applicant allegedly
informed that there is a case of school going on and if the construction of
boundary and building standard is meet out the complainant would be a Govt.
Teacher and the institution would also be a Govt. Institution, thereafter
complainant by borrowing money from her relatives and Mayka gave 26 lacs to
Sudhakar Pandey the applicant. The school was constructed but no salary was
being paid and the hard-earned money was usurped. It is further alleged that on
14.08.2022, complainant was called for preparation of function of 15th
August, then some intoxicant was added in the water and the misdeed was
committed and when the objection was raised, she was threatened for life. The
copy of First Information Report lodged as Case Crime No. 224/2022, is being
filed herewith and marked as Annexure No. 3,
to this affidavit.
3. That the incident is alleged to be
on14 August, 2022 and the First Information Report was lodged on 31.08.2022,
which is after 17 days without there being any plausible explanation.
4. That the First Information Report
contains highly improbable and absurd story as no details of 26 lacs. Allegedly
given to the applicant has been set out in the First Information Report and the
source of such huge amount including when it was withdrawn/managed through
relatives of complainant including the dates when it was allegedly given has
not mentioned in the First Information Report, similarly during course of
investigation first informant is silent that in what manner the alleged money
was entrusted.
5. That there is no medical report to
demonstrate/corroborate the prosecution story with respect to commission of
offence U/s- 328 IPC i.e. administrating intoxicant. Further the allegation of
resistance after administration of intoxicant also does not appeal to the
common prudence.
6. That the prosecution story that
opposite party no. 2 was employed in applicant’s school since 2007 without any
salary and she herself has paid Rs. 26 lacs and continued to believe that one
day she would get the Govt. Job is again a purely hypothetical and
unbelievable. It is relevant to mention herein that Smt. Babita Man has claimed
herself to be Principal and teacher in Gopal Shankar Janak Dulari Junior High
School, Sakraur, Paraspur, Gonda but the attendance registers of Academic
Session-2020-21, 2021- 22, 2022-23 clearly exhibits that Smt. Babita Man/
Complainant is not employed in the aforesaid school. The copy of attendance
registers of Academic Session-2020-21, 2021-22, 2022-23, is being filed
herewith and marked as Annexure No. 4,
to this affidavit.
7. That prosecutrix/opposite party no. 2
married lady aged about 40 years.
8. That applicant is a Head Teacher in
Govt. School i.e. Composite School, Sarfarazganj, Block Paraspur, District
Gonda his carrier is on stake due to criminal proceedings which has been
initiated to malign his career. The Copy of Identity card of applicant
exhibiting him as Govt. teacher is being filed herewith and marked as Annexure No. 5, to this affidavit.
9. That applicant has nothing to do with
the committee of Management Gopal Shankar Janak Dulari Junior High School,
Sakraur, Paraspur, Gonda, which is purely a private school, thus giving of 26
lacs within span of 15 years is completely unbelievable.
10.
That a complaint was made by applicant against working of husband of
complainant namely Ashok Man in relation to his forged appointment in Balak
Bhagwan Laghu Madhyamik Vidyalaya, Vishunpur, Sangam Bhattpurwa, Shiksha
Kshetra Itiyathok, District Gonda on 10.08.2022 by submitting applications
before District Magistrate, Gonda and District Basic Education Officer, Gonda
respectively, which made complainant and her husband annoyed, consequently the
impugned First Information Report had seen the light of the day as a
counter-blast/in retaliation to the application filed by applicant. The copy of
applications submitted by applicant before District Magistrate, Gonda and
District Basic Education Officer, Gonda are being filed herewith and marked as Annexure Nos.6 & 7, respectively to this affidavit.
11.
That the proceedings attended against applicant is malafide and
instituted maliciously by complainant.
12.
That complainant/ prosecutrix was sent for medical examination at
district Hospital Gonda wherein she has denied for internal medical examination
which itself a circumstance indicating possibility of false implication. The
Copy of letter dated 01.09.2022 along with medical examination report and
refusal for medical internal examination by complainant are collectively being
filed herewith and marked as Annexure No.8.
to this affidavit.
13.
That the case diary contains a supurdginama of prosecutrix which
reflects it has been taken by one Rahul Pandey. The taking of supurdginama by
Stranger of a married lady speaks foul more over in the back drop when Rahul
Pandey happens to be inimical to the applicant. The Copy of Supurdginama is
being filed herewith and marked as Annexure
No.9, to this affidavit.
14.
That the statement of prosecutrix was recorded U/s 161 Cr.P.C. which has
been signed by her being hit by section 162 Cr.P.C. and same does not inspire
confidence. The Copy of Statement of prosecutrix recorded U/s- 161 Cr.PC is
being tied herewith and marked as Annexure
No.10, to this affidavit
15.
That statement of prosecutrix was recorded / 164 Cr.P.C. on 08.09.2022
but same is bundle of lies without any corroboration of material document. The
Copy of Statement of prosecutrix recorded U/s 164 CC is being filed herewith
and marked as Annexure No.11 to this
affidavit.
16.
That the statement of husband of Prosecutrix namely Ashok pal was
recorded U/s- 161 Cr.PC. and he has stated that Babita is not attending the
school since 2018 thus the prosecution story as set out in the First
Information Report does not inspire confidence. The typed copy of statement of
Ashok pal recorded U/s-161 Cr.PC is being filed herewith and marked as Annexure No.12, to this affidavit.
17.
That during course of investigation complainant/prosecutrix in order to
project herself as principal of Gopal Shankar Janak Dulari Junior High School,
Sakraur, Paraspur, Gonda submitted letter dated 06.11.2006 having letter no.
8554, allegedly issued from the office of District Basic Education Officer
Gonda as an approval of teaching and non-teaching staff. The Copy of letter
dated 06.11.2006 is being filed herewith and marked as Annexure No.13, to this affidavit.
18.
That letter dated 06.11.2006 having letter No. 8554 was subject to
verification and vide letter dated 21.12.2022 submitted by District Basic
Education officer Gonda it was informed to Investigating Officer that letter
dated 06.11.2006 is a forged one thus the factum of complainant being teacher
in the school alleged by her giving foundation and cause for bribe and chance
to rape also stands belied. The Copy of letter dated 21.12.2022 submitted by
District Basic Education officer Gonda is being filed herewith and marked as Annexure No.14, to this affidavit. False
19.
That it is further submitted that in response to communication dated
30.09.2022 issued by Basic Education Officer Gonda, Block Education Officer
Paraspur District- Gonda vide letter dated 10.10.2022 mentioned that
complainant was not employed in Gopal Shankar Janak Dulari Junior High School,
Sakraur, Paraspur, Gonda. The Copy of letter dated 18.10.2022 is being filed
herewith and marked as Annexure No. 15,
to this affidavit.
20.
That based upon the communication Investigating Officer and authorities
of Basic Education Department Investigating Officer recorded finding that
complainant/prosecutrix was not employed in Gopal Shankar Janak Dulari Junior
High School, Sakraur, Paraspur, Gonda. The Copy of observation of Investigating
Officer as recorded in the case diary is being filed herewith and marked as Annexure No.16, to this affidavit.
21.
That during course of investigation petitioner challenged the First
Information Report No. 224 of 2022, by means of Criminal Misc. Writ Petition
No. 724 of 2022 and this Hon’ble Court stayed the arrest of petitioner vide
order dated 28.09.2022. The Copy of order dated 28.09.2022 is being filed
herewith and marked as Annexure No.17,
to this affidavit.
22.
That the applicant had preferred Application U/S 482 No.2980 of 2023
which was disposed of vide order dated 29.03.2023 granting leave to the
applicant to avail the benefit of the Judgement/order of the Hon’ble Apex Court
in Satendra Kumar Antil v. Central Bureau of Investigation. The photo copy of
order dated 29.03.2023 is being filed herewith and marked as Annesure No.18 to this affidavit.
23.
That petitioner is Physically Challenged person. The Copy of Medical
Certificate is being filed herewith and marked as Annexure No.19, to this affidavit.
24.
That the opposite party
No.2/complainant has lodged the first information report on false allegations
due to village animosity/rivalry.
25.
That the petitioners/accused
has not committed any offence as alleged by the prosecution but the Investigating
Officer has filed the charge-sheet without any evidence under the pressure of the
opposite parties No.2 for falsely implicating to the petitioners/accused in
very illegal and arbitrary manner.
26.
That the applicant/accused
is innocent and they have not committed any offence as alleged by the
prosecution and the opposite party No.2/complainant has falsely implicated to
the petitioners/accused only to harass physically and mentally.
27.
That the applicant/accused
has no previous criminal history except the present case.
28.
That having no other
alternative and efficacious remedy to the petitioners/accused except to file
the petition under section 482 Cr.P.C. on the following amongst others:-
G R O U N D S
(A) Because,
the applicant is
aggrieved by the impugned cognizance order dated 14.02.2023 as well as Charge
Sheet No.01, dated-23.11.2022 passed by A.D.J. II Sc. St., District- Lakhimpur
Kheri, in Criminal Case No.62/2023. “State Versus Sanu @ Vinay Kumar and others
arising out in case crime No.00367/2022, Under Section-323, 504 I.P.C. & Section 3(1)(Da), 3(1)(Dha), 3(2)(Va) Sc. St. Act Police Station-Maigalganj, District-Kheri, by which impugned
order apart from being illegal and arbitrary, has also been passed without
application of judicious mind.
(B)Because,
the I.O. has recorded the statement of only interested witnesses, no any
witness’s statement is recorded by the I.O. who are nearby residents of the
incident place.
(C)Because,
the opposite party No.2/complainant has lodged the first information report on
false allegations due to village animosity/rivalry..
(D)
Because, the
petitioners/accused has not committed any offence as alleged by the prosecution
but the Investigating Officer has filed the charge-sheet without any evidence
under the pressure of the opposite parties No.2 for falsely implicating to the
petitioners/accused in very illegal and arbitrary manner.
(E) Because,
the applicant/accused is innocent and they have not committed any offence as
alleged by the prosecution and the opposite party No.2/complainant has falsely
implicated to the petitioners/accused only to harass physically and mentally.
(F) Because
the petitioner has not committed any offence as alleged by the prosecution but
the I.O. has filed the charge-sheet without any evidence under the pressure of
the opposite parties No.2 for falsely implicating to the petitioner in very
illegal and arbitrary manner.
(G)
Because, the
applicant/accused is innocent and they have not committed any offence as
alleged by the prosecution and the opposite party No.2/complainant has falsely
implicated to the petitioners/accused only to harass physically and mentally.
(H)
Because, the
applicant/accused has no previous criminal history except the present case.
(I)
Because, having no
other alternative and efficacious remedy to the petitioners/accused except to
file the petition under section 483 Cr.P.C.
P R A Y E R
Wherefore, it is most respectfully prayed
that this Hon’ble Court may kindly be pleased: -
i.
to direct the Judicial Magistrate I District Gonda to direct
the Interim Relief Application filed by petitioner in Application Under Section
340 Cr.P.C. read with section 195 IPC expeditiously within stipulated period
and further be please to stay the proceedings of Criminal Case No…../2022 State
of Uttar Pradesh Vs Sudhakar Pandey arising out of Case Crime No.224/2022 under
section 376, 328, 504, 506, 420 IPC Police Station Paraspur District Gonda
during pendency of Interim Relief Application pending before the court concern.
ii.
It is further prayed
that this Hon’ble Court may kindly be pleased to direct the opposite parties
not to take any coercive action against the petitioner in pursuance of the
impugned summoning order dated 14.02.2023.
iii.
Such further orders as
may be deemed just, fit and proper in the circumstances of the case may also
kindly be passed in the favour of petitioners.
Lucknow
Dated:
- (Vinod
Kumar Pandey)
Advocate
For
the petitioner
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