Allahabad High Court
Manoj Kumar Yadav And Another vs State Of U.P. And Another on 7 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 12074 of 2023 Applicant :- Manoj Kumar Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Aditya Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Aditya Bhardwaj, learned counsel for the applicants and Sri S.B. Maurya, learned counsel for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants- Manoj Kumar Yadav and Babulal Patel with the prayer to allow this application and quash the entire proceeding as well as impugned summoning order dated 17.11.2022 passed by Addl. District & Sessions Judge, court no. 9, Varanasi in Criminal Revision no. 137 of 2022 (Manoj Kumar Yadav and others vs. State of U.P.), as well as order dated 28.3.2022 passed by A.C.J.M., Court no. 3, Varanasi in Criminal Case no. 6542 of 2021 (State of U.P. vs. Laxmi Kant Ojha and others), as well as entire proceedings of Criminal Case No. 6542 of 2021, under sections 419, 420, 467, 468, 471 and 500 I.P.C., P.S. Bhelupur, district-Varanasi, pending in the court of Addl. Chief Judicial Magistrate-III, Varanasi with a further prayer that proceedings of the aforesaid case be stayed against the applicant during the pendency of the present application.
Record indicates that an FIR was lodged by Sub-Inspector Sri Prakash Singh on 18.12.2020, naming Laxmi Kant Ojha as the only accused with the allegation that on 17.12.2020 in various news papers and on Whattsapp a news was published that the office of Prime Minister of India, situated in Jawahar Nagar Gurudham Colony, Police Station-Bhelupur, District-Varanasi has been advertised for sale on a computer application namely, OLX, wherein the photograph of the office is there and the price has been quoted as Rs.7,50,00,000/- (Rs. Seven Crores Fifty Lacs) by one Laxmi Kant Ojha. The FIR was lodged and matter was investigated.
Learned counsel for the applicants argued that applicants were not named in the first information report. Their names as accused in the present matter surfaced for the first time in the statement of first informant Sri Prakash Singh recorded under section 161 Cr.P.C. on 18.12.2020, in which he has stated that he came to know that the applicants were also involved with co-accused Laxmi Kant Ojha in the said incident. It is argued that there is no credible evidence whatsoever against the applicants. It is further argued that the applicants have been granted bail by Addl. Sessions Judge, Court No. 2, Varanasi, vide order dated 24.12.2020, copy whereof has been filed as Annexure-4 to the affidavit accompanying this application.
Learned counsel for the applicants further argued that the discharge application filed by the applicants has been rejected by the trial court, vide its order dated 28.3.2022, copy whereof has been filed as Annexure-10 to the affidavit. He also argued that there is no legal evidence against the applicants and the implication of the applicants in the present case is based only upon suspicion and on the disclosure of the name by co-accused Laxmi Kant Ojha and proceedings initiated against the applicants are abuse of process of court. It is also argued that there is no evidence even to show that the applicants conspired with co-accused Laxmi Kant Ojha in the present case. It is further argued that even otherwise insofar as the incident is concerned, there was only an attempt and no transaction whatsoever has taken place with regard to the said offer as launched by the co-accused Laxmi Kant Ojha.
Matter requires consideration.
Issue notice to the opposite party no. 2 returnable within four weeks.
Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Let the matter be listed on 8.8.2023.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 7.4.2023 Faridul (Samit Gopal, J.)