Hari Dutt Sharma vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard learned counsel for the applicant and the learned AGA for the State-respondent.

The present 482 Cr.P.C. petition has been filed for quashing the proceedings of case No. 2572 of 2011, State Vs. Hari Dutt Sharma, in case crime No. 142 of 2011, under Sections 454, 380 IPC, police station GRP, Bareilly-Junction, Bareilly, pending before the Additional Chief Judicial Magistrate, Northern Railway, Bareilly.

It is contended by the learned counsel for the applicant that the Railways through the Union of India had filed writ petition before the Delhi High Court with regard to the functioning of the office of the Union in the premises in question, in which the order was passed on 23.9.2008 directing that the office of the Union may be run from the said premises. Learned counsel for the applicant contends that the writ petition was with regard to the use of the premises as an office of the Union. It is contended that the election of the office bearers of the Uttariya Railway Mazdoor Union was held on 11.9.2008 and new office bearers were duly elected, copy of which has been field as Annexure-8 to the affidavit accompanying the present application. It is further contended that vide order of the General Secretary Uttariya Railways Mazdoor Union, New Delhi, dated 25.02.2011, the applicant was elected as Branch Secretary, copy of which has been as Annexure-9 to the affidavit accompanying the present application. It is thus contended that the applicant, being Branch Secretary of Uttariya Railway Mazdoor Union, and the opposite party No. 2 on the basis of interim order passed by Delhi High Court, claimed that he has been authorized to run the office although he has lost the election. It is thus contended that the criminal prosecution of the applicant is bad in law.

Issue notice to opposite party No. 2 returnable within four weeks. Steps be taken within one week.

Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party No. 2 may file counter affidavit within the same period. As prayed by learned counsel for the applicants, one week thereafter is granted for filing rejoinder affidavit. List immediately after expiry of the aforesaid period, before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicants, in the aforesaid case.