PANKAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Siddharth Luthra learned Senior Counsel assisted by Ms. Shakshi Kakkar and Mr. Shakti Singh learned counsel for petitioner and learned A.G.A. appearing on behalf of opposite parties 1 to 3. In view of order being passed, notices to opposite party No.4 stand dispensed with.

(2.) Petition under Sec. 482 Cr.P.C. has been filed challenging the order dtd. 31/8/2021 and 15/9/2021 passed passed by Chief Judicial Magistrate, Pratapgarh initiating proceedings under Sec. 82(3) Cr.P.C.

(3.) Learned counsel for petitioner submits that petitioner was the first informant in the incident that has taken place with regard to case crime No. 407 of 2020 under Ss. 147, 148, 149, 307 and 302 IPC in Police Station Kotwali Nagar, District Pratapgarh. It is submitted that petitioner was not initially named in the first information report and his name has been included only during investigation after one year after lodging of the first information report. It is submitted that an application for issuance of non bailable warrant against the petitioner was filed by the investigating officer in which non bailable warrant was issued. It is however submitted that the petitioner was not made aware of the proceedings prior to the issuance of the said warrant since his name was not included in the first information report. It is submitted that the entire proceedings as well as the impugned order have been passed behind the back of petitioner. It has been further submitted that a co-accused Anurag Dubey had filed writ petition No.22124 (M/S) of 2021 challenging the order dtd. 15/9/2021 under Sec. 82 Cr.P.C. and the said writ petition was allowed by means of judgment and order dtd. 28/10/2021 quashing the order passed under Sec. 82 Cr.P.C. It is submitted that petitioner's case is relative to the said case.