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3. Facts in brief, as stated in the application, are that applicant obtained his Bachelor of Technology degree in Electrical and Electronics and appointed as Junior Engineer in Indian Telephone Industries Limited, Naini, Allahabad (hereinafter referred to as "ITI, Allahabad") which is a Central Government undertaking and instrumentality of State within the meaning of Article 12 of Constitution. In August, 1997, i.e., 23.08.1997 applicant departed for Jeddah (Saudi Arabia) to perform religious obligation Haj (Umera). Just a two days before, i.e., on 21.08.1997, at P.S. Kotwali Karvi, District Chitrakoot, a First Information Report (hereinafter referred to as "FIR") was lodged by one R.N. Verma, Superintendent of Post Offices, Banda Prakhand, Banda against Ram Lakhan Verma, Ayodhya Prasad Pandey and Sushil Chand Tripathi under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C. for committing fraud and embezzlement of 5,70,500/-.

4. The case set up in FIR was that on 04.07.1997 one Ayodhya Prasad Pandey, son of Ram Bahori Pandey, resident of Bharatpuri, Karvi, working as Postal Assistant and Supervisor has shown payment of Rs. 75,000/- to R.L. Verma. He also mentioned that he personally knew @ R.L. Verma. The number of Kisan Vikas Patra encahsed are numbers 35BB922551 to 35BB922560, each of which is of Rs. 5,000/- Thereafter on 05.07.1997 one Sushil Chandra Tripathi, son of Chhote Lal Tripathi, resident of Village and Post Lodhwara (Karvi), Dak-Assistant and the above Ayodhya Prasad Pandey again made payment of Rs. 2,25,000/- to aforesaid R.L. Verma against five years-Kisan Vikas Patra Nos. 35BB922561 to 35BB922590, value of each of which was Rs. 5,000/-, at Post Office Karvi. On these Kisan Vikas Patra shown encahsed, Ayodhya Prasad Pandey has obtained signature of a woman Smt. Vimla Devi, who is working as Waterer in Karvi Post Office stating that it is just a paper formality. Vimla Devi informed that the person who has taken payment of these Vikas Patra, was neither known to her nor she had ever seen him. Again on 07.08.1997 working as Dak-Assistant in Karvi Post Office itself, Sushil Chandra Tripathi and Ayodhya Prasad Pandey have shown payment of Rs. 1,50,000/- to above R.L. Verma and on the encahsed Vikas Patras, witness of Smt. Uma Tiwari, wife of Sriram Autar Tiwari was shown by Ayodhya Prasad Pandey. Smt. Uma Tiwari has clarified that on 07.08.1997 when she came to Karvi Post Office, Ayodhya Prasad Pandey told her that this person is very close to him and asked her to witness him stating that it is his responsibility. Smt. Uma Tiwari informed that she said that she does not know R.L. Verma on which he (Ayodhya Prasad Pandey) said that he (R.L. Verma) is resident of Bankat Road. Reposing faith on Ayodhya Prasad Pandey, she witnessed R.L. Verma. That apart, on 26.05.1997 Sushil Chandra Tripathi, Dak-Assistant and Ayodhya Prasad Pandey, Supervisor, Karvi Post Office, have shown payment of Rs. 1,20,000/- to aforesaid R.L. Verma against Kisan Vikas Patra Nos. 31BB0155933 to 015948, each of Rs. 5,000/-. In this way, on 26.05.1997, 04.07.1997, 05.07,1997 and on 07.08.1997 payment of total Rs. 5,70,000/- was shown by Sushil Chandra Tripathi and Ayodhya Prasad Pandey at Karvi Post Office to R.L. Verma. It is further alleged that neither aforesaid Kisan Vikas Patra was issued from any Post Office in the name of R. L. Verma or any other person nor issuance thereof was mentioned in any Government record. Neither Ayodhya Prasad Pandey and Sushil Chandra Tripathi nor Smt. Uma Tiwari were able to tell address or whereabouts of alleged R.L. Verma nor they produced him. In this way R.L. Verma and the abovenamed persons have caused loss of Rs. 5,70,000/- to Postal Department. The aforesaid FIR was registered as Case Crime No. 211 of 1997.

1.

Kishan Vikas Patra 34CC579988 10,000/-

2. Kishan Vikas Patra 35AA605731-732 1,000/-

3. Kishan Vikas Patra 31BB010981-998 5,000/-

4. Kishan Vikas Patra 31BB011000 5,000/-

5. Indira Vikas Patra 44C652146-170 5,000/-

6. Plain non-judicial stamp papers 5,000/-each

6. Consequentially on the basis of aforesaid recovery, another FIR as Case Crime No. 216 of 1997 was registered on 27.08.1997 under Sections 419, 420, 467, 568, 471, 256, 257, 259, 379, 411, 413, 120B I.P.C. at P.S. Kotwali Karvi, District Chitrakoot and the allegations in the FIR are that the Informant, Sri R.P. Srivastava, Station House Officer, along with Police Team, on reaching Post Office Karvi, found Ramesh Chandra Upadhyay, Assistant Dak Pal and Shiv Ganesh Tripathi, Supervisor. There was also another person namely R.L. Verma and on being searched, from his possession 40 Kisan Vikas Patras of Rs. 5000/-each from Sl.No. 31BB010941 to 980, in the name of aforesaid R.L. Verma, maturity amount whereof was Rs. 3 lac, were found. On being enquired, he told that these Vikas Patra have been given to him by Prabhash Singh Patel who has come on Scooter and I have come here after leaving him on Station. Only he can tell about the Vikas Patras. On this information Police Team along with R.L. Verma proceeded in the search of Prabhash Singh Patel and after a hectic search, information was received that one person has run towards Khoh from the Post Office. On reaching Khoh, seeing the Police he tried to start his Scooter but was caught by employees. He disclosed his name Prabhash Singh, son of Ramesh Singh Patel, Village Rakshpalpur, Police Station Khakhred, District Fatehpur, present address House No. 777A/664, Sultanpur Bhawa, Khuldabad, Allahabad. He also told the name of R.L. Verma as Madhrakhan Singh Patel, son of Shambhoo Singh Patel, Resident of Prashidhpur, Police Station Dhata, District Fatehpur and present address Rajrooppur, Police Station Dhoomanganj, Allahabad. He told nothing about his Scooter UP71A/8414. On search being made, one pistol of 315 bore in working condition and four cartridges of 315 bore were found from his possession. In his Scooter, in a polythene bag 50 Kisan Vikas Patra of five and half years of the value of Rs. 5000/- Series No. 31BB015801 to 850 were found in respect of which he informed that he has been given these Vikas Patras by Irshad Ahmad, resident of Karailabad Colony, Allahabad and Jalaluddin, resident of G.T.B. Nagar, Kareli, Allahabad for payment on assurance of 25 per cent commission. If immediate search is made, Kisan Vikas Patras may be recovered from the house of Irshad and Jalaluddin. Prabhash Singh and Madhrakhan Singh also confirmed this information on the basis whereof in the presence of Madhrakhan Singh, his house was searched wherefrom S.B.B.L. Gun Licence No. 8364/77 and 26 live and 5 used cartridges were recovered. He informed that this gun belong to Prabhash Singh but kept in his (Madhrakhan Singh's) house. On further search, 50 Kisan Vikas Patras and 19 Indira Vikas Patras, each of Rs. 5000/- were recovered from an Attatche kept in inner room. On search of house of Prabhash Singh, one Kisan Vikas Patra of Rs. 10,000/- and one of Rs. 5,000/- in the name of Suneeta Singh, issued from Rajrooppur Post Office were found. Besides, 20 Kisan Vikas Patras, 25 Indira Vikas Patras each of Rs. 5000/-, one gold biscuit weighed about 93.80 gram, worth about Rs. 50,000, three stamps of Post Office, Sahatwar, Ballia, 5 piece date blocks, four non-judicial forged stamp papers each of Rs. 5,000/- and cash Rs. 4,34,544/- were recovered. In respect of the cash recovered, it was stated that it is the maturity amount of the Kisan Vikas Patras, encashsed last month at Karvi. On pointing out of Madhrakhan Singh and Prabhash Singh, search was made at the house of Irshad, at Karailabag Colony, Allahabad in presence of his wife Shahida Parveen, wherefrom one Kisan Vikas Patra of Rs. 10,000/- two Kisan Vikas Patras of Rs. 1000/- each, 19 Kisan Vikas Patras and 25 Indira Vikas Patras of Rs. 5000/, and four non judicial stamp papers of Rs. 5000/- which appeared to be forged, were recovered. On the search at the residence of Jalaluddin, at G.T.B. Nagar, karaily, Allahabad 49 Kisan Vikas Patras of Rs. 5000/- each, 30 Indira Vikas Patras each of Rs. 5000/- and 5 forged non judicial stamp papers of Rs. 5000/-, 80 revenue tickets and stamp of post office etc. were recovered. From the Maruti Suzuki Zen parked adjacent to the house, service book, Insurance certificate, 50 Kisan Vikas Patras, Cheque Book and Pass Book of bank account were recovered. The Maruti Zen was allegedly purchased from the payment received from forged encashment of Kisan Vikas Patras in the name of Dr. S.J. Ahmad, 676, G.T.B. Nagar, Kareli, Allahabad. Further investigation revealed that aforesaid Madhrakhan Singh, Javed Ahmad, Jalaluddin, Irshad Ahmad, Prabhash Singh, and Bhupendra Singh have formed a gang and they used to obtain illegally stolen Kisan Vikas Patras and Indira Vikas Patras and by encashing them used to cause loss to Government revenue and in this way they have acquired crores of rupees. Their income is many times than their known sources of income. Request was lastly made to lodge FIR.