TILAK CHANDRA BAUDH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. O.P. Srivastava, learned Senior Advocate assisted by Mr. Virendra Kumar Yadav, Advocate and Mr. Kaushlendra Yadav, Advocate and learned A.G.A. for the State.

(2.) The present application has been filed with the prayer to quash the impugned judicial/summoning order dtd. 5/10/2021 issued by the Judicial Magistrate-III, Lucknow in Crime No.0330 of 2021 (State vs. Tilak Chandr Baudh) as well as impugned charge sheet No.01 of 2021 dtd. 16/9/2021 and the entire proceeding arising out of Case No.77063 of 2021, under Ss. 409, 420 I.P.C., P.S. Madiyaon, District Lucknow, pending in the learned court of Judicial Magistrate-III, Lucknow, along with the further prayer to stay the further proceeding of Case No.77063 of 2021 during the pendency of the present application.

(3.) Learned counsel for the applicant has submitted that it is the admitted case of the informant that the applicant belongs to Scheduled Caste community and he used to purchase the land from Scheduled Caste persons in his name for the purpose of company and thereafter, the same was being transferred to the company after completing all the formalities, and the applicant was being paid some commission for the said purchases, but the informant started making pressure for refunding the commission as the applicant had purchased some properties from the amount he received as a commission. Thereafter, the informant of the present case filed suit for cancellation of sale deed for the said purchases and the applicant appeared in all the case. Thereafter only with the intention to make pressure on the applicant, on the basis of concocted facts, the F.I.R. in question was lodged and in the aforesaid F.I.R., protection was granted by the writ court to the applicant. He further submitted that during the course of investigation, applicant co-operated, but in the most mechanical manner, charge sheet was filed.