MANISH KUMAR PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Prince Lenin, the learned counsel for the applicant as well as Shri Vinod Kumar Sahi, learned Additional Advocate General assisted by Sri Diwakar Singh, the learned A.G.A. for the State- opposite party No. 1 and perused the record.

(2.) The instant application has been filed by the applicant-Manish Kumar Pandey for quashing of the charge-sheet dtd. 30/9/2021 bearing No.1 of 2021 and the proceedings related to the applicant in Case No. 1730 of 2022, pending in the Court of Special Chief Judicial Magistrate, Custom, Lucknow arising out of Crime No. 228 of 2020, under Ss. 419, 420, 465, 469, 471, 153-A, 153-B, 505 (1) (b), 505 (2) I.P.C. and Sec. 66 of the Information Technology Act, Police Station Hazratganj, District Lucknow as well as summoning order dtd. 12/1/2022 passed by the Special CJM Custom, Lucknow. Learned counsel for the applicant submits that as per the prosecution case on 21/8/2020 an F.I.R. was registered against unknown persons by the informant/Sub Inspector of Police Station Hazratganj, District Lucknow bearing FIR No. 0228 under Ss. 419, 420, 465, 469, 471, 153-A, 153-B, 505(1) (b), 505 (2) I.P.C. and under Sec. 66 of Information and Technology Act, 2008, while being on duty noticed circulation of a letter on the social media platform, namely, whatsapp/twitter issued in the name of MLA (BJP) Sri Dev Mani Dwivedi on a letter pad bearing Serial No. Ka-6, No. 459473 and letter no.UPMLA/2/87 dtd. 20/8/20 addressed to the Additional Chief Secretary, Home, regarding providing information of criminal cases registered against various political persons. It is further alleged that on perusal it was noticed that the signature was in different name in the letter pad and on verification sought it was found to be forged. It is further alleged that forged letter pad was prepared for spreading communal hatred in the State of Uttar Pradesh and to defame the image of the present Government.

(3.) Learned counsel for the applicant submits that the allegations made in the impugned F.I.R. are absolutely false, frivolous and are not made out against the applicant.