Allahabad High Court
Daya Shankar Yadav vs C.B.I. Thru. S.P. Lko And Another on 2 November, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 3354 of 2019 Applicant :- Daya Shankar Yadav Opposite Party :- C.B.I. Thru. S.P. Lko And Another Counsel for Applicant :- Avinash Kumar Srivastava Counsel for Opposite Party :- A.S.G. Hon'ble Dinesh Kumar Singh,J.
1. Present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 31.12.2012 filed by the C.B.I. in Case Crime No.RC- 7(S) of 2012: Case No.7700001 of 2013 under Sections 465, 468, 471, 420/511 IPC, Police Station CBI/SPE/SCB/Lucknow pending in the Court of Special Judicial Magistrate (Pollution)/CBI, Lucknow.
2. Writ petition No.9 (Ceiling) of 2012 was pending in the Court. Allegation is that a forged and fabricated order dated 03.02.2011 was submitted before the authorities allegedly passed in the said writ petition by Hon'ble A.N. Verma, J. (Since retired). When this fact was brought to the notice of this Court, this Court vide order dated 23.08.2012 directed the case to be investigated by the C.B.I.
3. In compliance of the said order passed by this Court on 23.08.2012, the C.B.I., registered the FIR in question under Sections 120B, 467, 468, 471 IPC against unknown persons.
4. C.B.I. thereafter, took the investigation, which revealed that land measuring 60.24 acres belonging to Late Mr. Jung Bahadur Singh and his family members in Village Godahiya No.2, Tehsil Kaisarganj, District Bahraich came under the provision of U.P. Imposition of Ceiling Act, 1972, and was declared as surplus land. Said land was distributed to 21 Pattedars vide order dated 28.01.1999 of Sub Divisional Magistrate, Kaisarganj, Bahraich.
5. Mr. Hari Saran Singh s/o Mr. Jung Bahadur Singh filed proceedings before the ceiling authorities and vide order dated 25.07.2007, Additional Commissioner (Judicial), Devi Patan Mandal, Gonda cancelled the leases of the land which was declared surplus and given to 21 Pattedars. Said land was, however, not restored to Mr. Hari Saran Singh and his family and the Pattedars continued to occupy the said land.
6. A restoration application was filed by the Pattedars before Additional Commissioner (Judicial), Devi Patan Mandal, Gonda, which was pending before him. In the meantime, a Writ Petition No.4693(MS) of 2007 was filed in the Court by Mr. Mata Prasad and others through Advocate Mr. Awdhesh Kumar Singh.
7. In the aforesaid writ petition, this Court vide order dated 10.09.2007 directed the Additional Commissioner (Judicial) to decide the restoration application of the petitioner on the date fixed, and until such time the application of the petitioner for restoration was decided the possession of the petitioner shall not be disturbed.
8. Another Writ Petition No.24 (Ceiling) of 2009 was filed by Mr.Sukh Lal and others before this Court through the present petitioner, an advocate practicing in this Court.
9. This Court vide order dated 06.03.2009 directed the Additional Commissioner (Judicial) to decide the restoration application of the petitioner in short time in said Writ Petition No.24 (Ceiling) of 2009, and till the restoration application of the petitioner was decided, possession of the petitioner shall not be disturbed.
10. Restoration application of the lease holders/Pattedars were dismissed on 21.07.2009 by Additional Commissioner (Administration), Devi Patan Division, Gonda and said order passed by Additional Commissioner (Judicial), Devi Patan Division, Gonda was upheld.
11. Another Writ Petition No.92 (Ceiling) of 2009 was filed by Mr.Sukh Lal and Mata Prasad and four others on 09.11.2009 through the petitioner. However, no relief was granted by this Court in the said writ petition.
12. Few Pattedars filed another Writ Petition No.45 (Ceiling) of 2010 before this Court against the order of the Additional Commissioner (Administration), Devi Patan Division, Gonda through the petitioner. Vide order dated 28.05.2010, this Court directed the Commissioner, Devi Patan Division, Gonda to dispose of the application of the Pattedars within a period of one month.
13. In pursuance of the said order, order dated 28.05.2010 restoration application of the petitioner in the Writ Petition No.45 (Ceiling) of 2010 was decided and it was dismissed. Mr.Hari Sharan Singh s/o Late Jung Bahadur Singh filed an application dated 24.03.2011 before the S.D.M., Kaisarganj for removal of possession of the Pattedars from his land as their Pattas had been cancelled. Notices have been issued to 21 Pattedars to vacant the land after cutting the standing crop.
14. A handwritten letter dated 19.11.2011 addressed to Thana Divas Prabhari, Kaisarganj was submitted by Mr.Mata Prasad, Pattedar to the Naib Tehsildar, Kaiserganj, Bahraich along with other pattedars. Said letter was written by Mr.Parshu Ram s/o Tilak (a pattedar) on behalf of the other pattedars, and contained his signatures besides thumb impression of 8-9 pattedars along with the copies of alleged forged and fabricated order dated 03.02.2011 purported to have been passed by Hon'ble A.N. Verma, J. (Since retired) of this Court.
15. When Mr. Hari Shankar Sharma came to know about the aforesaid order, he and his Advocate, Manoj Kumar Singh doubted genuineness of the said order before the Naib Tehsildar, Kaisarganj as it was not having the proper stamp, serial numbers on the reverse of the page, no sticker, no stamp of authenticating/certifying officer of this Court. On this, Naib Tehsildar gave a copy of the said letter to Mr. Manoj Kumar Singh, Advocate of Mr.Hari Saran Singh to present their version on the said order. This way copy of the said order reached Mr.Hari Saran Singh.
16. In Writ Petition No.92 (Ceiling) of 2009, an application No.38461 of 2012 filed by Mr.Rajieu Kumar Tripathi, Advocate on behalf of Mr.Hari Saran Singh, and along with this application, a copy of the order dated 03.02.2011 alleged to have been passed by Hon'ble A.N. Verma (since retired) was enclosed.
17. In the meantime, pattedars changed their Advocate, Mr.D.S. Yadav and engaged Advocates, Mr.Raj Kumar Mishra and Dinesh Kumar Dixit, and after taking files from Mr.D.S. Yadav, Advocate, they filed Writ Petition No.9 (Ceiling) of 2012.
18. Hon'ble A.N. Verma, J. (since retired) has already superannuated on 06.04.2009 whereas the said forged and fabricated order dated 03.02.2011 was allegedly passed by him. Thus, the investigation established that the order dated 03.02.2011 which was submitted before Naib Tehsildar was a completely forged and fabricated order inasmuch as Justice Verma had already demitted office wayback on 06.04.2009, and Registry put a report that no such order was ever passed in the writ petition.
19. Pattedars during the course of investigation made a statement that it was Mr. D.S. Yadav, Advocate who provided a copy of said order to them.
20. Considering the fact that such an offence was allegedly committed by the petitioner and there are statements of the Pattedars who had said that it was the petitioner who provided them a copy of the said forged order dated 03.02.2011, this Court does not find it to be a case where this Court should entertain this petition.
21. Purity of stream of justice has to be maintained by all stakeholders i.e. lawyers, litigants and the Bench. If anyone tries to interfere with the judicial process by playing fraud with the Court, such an offence should not be condoned. In view thereof, this petition being devoid of merit and substance, is hereby dismissed.
(Dinesh Kumar Singh, J.) Order Date :- 2.11.2022 prateek