Sudhakar Pandey, Advocate vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant-Sudhakar Pandey, advocate, with a prayer to quash the proceedings of Criminal Case No. 2189 of 2004, pending in the court of learned Chief Judicial Magistrate, Azamgarh and to quash the order dated 7.11.2008 passed by learned C.J.M., Azamgarh whereby the discharge application filed by the applicant has been rejected and the order dated 23.12.2008 passed by learned Sessions Judge in Criminal Revision No. 385 of 2008, whereby the revision filed by the applicant against the order dated 7.11.2008 passed by the learned Chief Judicial Magistrate, Azamgarh has been dismissed.

The facts, in brief of this case, are that the F.I.R. has been lodged by Vinod Kumar Singh, the Reader of A.C.J.M., Court No. 10, Azamgarh against the applicant on 17.7.2003 in Case Crime No. 902 of 2003 under Sections 506 and 406, I.P.C., P.S. Kotwali, district Azamgarh alleging therein that the applicant has asked the Reader of the Court to handover the record of Criminal Case No. 5088 of 2002 u/s 323, I.P.C., P. S. Kandhrapur for the purpose of putting the signature of his client, for this purpose, the record was handed over to the applicant by the Reader of the Court and the same was taken away by the applicant, subsequently, he refused to return the record, thereafter, the matter was reported to learned District Judge, Azamgarh even then, the record of the case was not returned by the applicant but on further demand, the applicant became too much annoyed and extended the threat of life to the Reader. The matter was investigated by the Investigating Officer, who submitted the charge-sheet dated 10.6.2004 against the applicant, the same was forwarded by the Officer-in-charge of police station concerned to the court of learned Magistrate concerned on which the learned Magistrate concerned had taken the cognizance on 27.7.2004. Subsequently, the applicant moved a discharge application in the court of learned C.J.M., Azamgarh the same has been rejected on 7.11.2008, the order dated 7.11.2008 has been challenged by the applicant by way of filing Criminal Revision No. 385 of 2008, the same has been dismissed by learned Session Judge, Azamgarh on 23.12.2008.

Being aggrieved from the order dated 7.11.2008 passed by learned Chief Judicial Magistrate, Azamgarh and the order dated 23.12.2008 passed by Sessions Judge, Azamgarh the present application has been filed by the applicant with a prayer to quash the above mentioned orders as well as the proceedings of Criminal Case No. 2189 of 2004 pending in the court of learned Chief Judicial Magistrate, Azamgarh.

Heard Sri Sudhakar Pandey, advocate who argued the case in person, learned A.G.A. for the State of U.P.

It is contended that the applicant is a practicing lawyer, the F.I.R. has been lodged on the basis of false and frivolous allegations but without doing fair investigation, the charge-sheet has been submitted by the Investigating Officer which is not having the cogent material even in F.I.R., the time of incident, the names of the witnesses have not been mentioned. The notice dated 16.7.2003 was given by the Inquiry Officer, which was replied by the applicant on 17.7.2003. The F.I.R. of this case has been lodged due to ulterior motive because in the court of learned A.C.J.M., Court No. 10, a Case No. 457 of 2003, Sudhakar Pandey, Advocate v. Shiv Govind and others Court No. 10, a Case No. 457 of 2003was pending in which the presiding officer was pressurizing the applicant for doing compromise, the same was denied by the applicant, thereafter, threat was extended to the applicant. It is further contended that there is material contradiction in the statement of Reader of the court recorded by the Investigating Officer and by Inquiry Officer. The applicant moved application for discharge in the court of learned Chief Judicial Magistrate, Azamgarh, the same has been illegally rejected by learned C.J.M., Azamgarh on 7.11.2008, the learned revisional court has also not considered the manifest error committed by learned C.J.M. rejected the revision on 23.12.2008, the impugned orders dated 7.11.2008 and 23.12.2008 are illegal and are liable to be set aside, the prosecution of the applicant is based on false and frivolous allegation due to ulterior motive, therefore, the proceedings pending against the applicant in Criminal Case No. 2189 of 2004 in the court of learned C.J.M., Azamgarh may be quashed.

In reply to the above contention, it is submitted by learned A.G.A. that it is a very serious matter in which the record of the Court has been taken away and misplaced by the applicant by taking the same from the Reader of the court in good faith, thereafter, the record of the criminal case has not been returned by the applicant to the Reader of the Court, the same has been taken away which is missing. In this case, on the basis of material collected by the Investigating Officer, prima facie, offence against the applicant is made out and there is sufficient material to proceed further against the applicant. The learned Magistrate concerned has not committed any error in dismissing the discharge application vide order dated 7.11.2008, learned revisional court has also not committed any error in dismissing the revision on 23.12.2008. There is no illegality in the prosecution of the applicant, therefore, prayer for quashing the proceedings of Criminal Case No 2189 of 2004 pending in the court of Chief Judicial Magistrate, Azamgarh and the impugned orders dated 7.11.2008 and 23.12.2008 may be refused, the present application is devoid of merits, the same may be dismissed.

Considering the submissions made by the applicant, learned A.G.A. and from the perusal of the record, it appears that in the present case, the applicant has not filed the material collected by the Investigating Officer alongwith the copy of the charge-sheet, it is also surprising that the applicant has not filed the copy of the order dated 7.11.2008 by which the discharge application filed by the applicant has been dismissed by learned C.J.M., Azamgarh. The documents filed by the applicants are--copy of the order dated 23.12.2008 passed by learned Additional Sessions Judge, Azamgarh, copy of the order dated 24.5.2007, copy of the notice dated 16.7.2003 given by the Inquiry Officer to the applicant, copy of the reply dated 17.7.2003 given by the applicant, copy of the application dated 17.7.2003 sent by Vinod Kumar Singh, Reader of Court No. 10, Azamgarh to S.H.O., Kotwali, Azamgarh for the purpose of lodging the F.I.R. and copy of the charge-sheet dated 10.6.2004, the perusal of the above mentioned documents shows that on 16.7.2003, the Criminal Case No. 5088 of 2002, Mahendra v. Jai Prakash and others Criminal Case No. 5088 of 2002, u/s 323, I.P.C. was fixed for hearing, the case was adjourned and subsequent date was fixed, thereafter, the applicant came to the Court demanded the record of above mentioned case from the Reader of the Court No. 10 for the purpose of making the signature, in good faith, it was handed over by the Reader to the applicant but the applicant has taken away and not returned the same, thereafter, refused to handover the record of the case, its report was given by the Reader to the District and Sessions Judge, Azamgarh even then, the record of the above mentioned case has not been handed over by the applicant, on its demand, the applicant has become too much annoyed and extended the threat of life to Sri Vinod Kumar Singh, Reader of the court, on the basis of such allegation, prima facie, offence under Sections 406 and 506, I.P.C. is made out and there is sufficient material to proceed further against the applicant. Learned Magistrate has not committed any error in rejecting the application of discharge filed by the applicant vide order dated 7.11.2008. Learned Sessions Judge has also not committed any error in dismissing the revision on 23.12.2008. There is no illegality in the impugned orders dated 7.11.2008 and 23.12.2008, therefore, the prayer for quashing the same is refused and there is no illegality of the prosecution of the applicant, therefore, the prayer for quashing the proceedings against the applicant of Criminal Case No. 2189 of 2004 pending in the court of learned C.J.M., Azamgarh, is refused. The present application is devoid of the merits and it is having no substance.

Accordingly this application is dismissed.