SHIV NATH ARORA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rama Kant Jayswal, learned counsel for the revisionists, Ms Meera Tripathi, learned AGA for the State respondent and Shri Gopal Mishra, leanred counsel for opposite party no.2

(2.) This criminal revision has been filed challenging the order dated 25.5.2013 passed by the learned Chief Judicial Magistrate, Hardoi in Case No.783 of 2010 by which the learned court below has rejected the application under Section 321 Cr.P.C. by allowing the application moved by the Assistant Prosecuting Officer dated 18.2.2013.

(3.) The fact, in short, is that an application under Section 156 (3) Cr.P.C. was moved by Babu Ali alleging that he has taken loan from the Urban Development Co-operative Bank, Station Road, Railwayganj, Hardoi on 4.8.1991 for purchasing a Marshal Jeep. The entire loan was paid, and the then Manager Shri Shiv Nath Arora, and has given no dues certificate on 29.11.2002. Despite this fact, the branch manager and the secretary of the bank Vijay Pal gave notice on 6.9.2005, which was received by the applicant. A reply was sent to the bank manager through registered post, and that was served on the manager Shri Shiv Nath Arora, who also gave a reply. Again, a notice was sent through District Registrar Co-operative Societies U.P., Hardoi. Its reply was also given. The bank manager moved an application before the Chief Judicial Magistrate, Hardoi for lodging report against the applicant, which was rejected by the court. The applicant has deposited the entire dues, but the manager and the secretary did not deposit the money in the bank, and misappropriated it. On 19.8.2006, at about 4 pm, when the applicant was waiting for bus at Gopamau Bus Station, then the secretary Vijay Pal came there and caught hold him and stated that either you deposit the bank dues, or your total property will be auctioned, and you will be sent to jail. The applicant told him that the entire amount has been deposited, and no dues certificate has been obtained, then the secretary Vijay Pal threatened him by his rifle that you will be killed and you will have to deposit the bank dues. This scene was witnesses by several witnesses, who intervened, and rebuked the revisionists. The applicant went to lodge FIR in the Police Station Kotwali, but no report was registered. The applicant moved an applicant before the Superintendent of Police, Hardoi on 21.8.2006, but of no avail. Thereafter, the applicant filed an application under Section 156 (3) Cr.P.C. On this application, the learned Chief Judicial Magistrate passed the orders and FIR was registered under Sections 406, 420, 467, 468, 506 IPC. After investigation, a final report was submitted. After protest petition, final report was rejected, and the court concerned was directed for re-investigation. After re-investigation, charge sheet was submitted. During pendency of the case, an application was moved by the Prosecuting Officer under Section 321 Cr.P.C. for withdrawal of the prosecution. This application was rejected vide impugned order. Feeling aggrieved, this criminal revision has been filed.