STATE OF U. P. Vs. MUKHTAR ANSARI

JUDGEMENT

(1.) The present appeal under Sec. 378 Cr.P.C. has been filed against the judgement and order dtd. 23/12/2020 passed by the Special Judge, MP/MLA/Additional Sessions Judge, Court No.19, Lucknow in Criminal Case No.970 of 2018, arising out of Case Crime No.126 of 1999, under Sec. 506 IPC, Police Station Krishna Nagar, District Lucknow, whereby the learned trial court had acquitted the respondents for the offence under Sec. 506 IPC.

(2.) The facts of the case, in brief, are that respondents, Mukhtar Ansari and Abhay Singh were imprisoned in Lucknow Jail as under trial. The complainant, S.P. Singh Pundir was serving in Uttar Pradesh Police as Additional Inspector General of Police (Prison). On 26/2/1999, a search operation was conducted in the Lucknow Prison and barracks were searched. It was alleged that respondent, Mukhtar Ansari, who was sitting Member of Legislative Assembly at that time and Abhay Singh, who are the Mafias, were unhappy with the search conducted by the police in the prison. Search was conducted on the order passed by Sri S.P. Singh Pundir, Additional Inspector General of Police (Prison). It was alleged that Mukhtar Ansari, respondent no.1 gave threat to kill Sri Sri S.P. Singh Pundir, Additional Inspector General of Police (Prison).

(3.) It was further said that on 27/2/1999 at around 10.30 P.M., Sri Manish Pundir, son of Sri S.P. Singh Pundir told the complainant that two persons were sitting on a motorcycle under the Eucalyptus tree near the house of the complainant and they were smoking cigarettes. They were staring towards the house of the complainant. When the complainant along with others came out of the house, two persons siting under the Eucalyptus tree had vanished from there. It was further alleged that out of two, one was well built of six feet height and the second one was of short height and fatty.