PARVEZ PARWAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition under Sec. 482 CrPC has been filed, impugning the order dtd. 11/10/2022 passed by the Additional District and Sessions Judge (Rape and POCSO)-3, Gorakhpur in Final Report No.1230 of 2017 (Parvez Parwaz Vs. Yogi Adityanath and others), arising out of Case Crime No.2776 of 2008, under Ss. 153, 153-A, 153-B, 295, 295-B, 147, 148, 395, 436, 435, 302, 427 and 452 IPC read with Sec. 7 Criminal Law Amendment lodged at Police Station Cantt., District Gorakhpur.

(2.) The learned trial Court has rejected the protest petition filed by the petitioner by holding that as the sanction for prosecuting the accused was already refused under Sec. 196 CrPC and the said order was challenged by the petitioner/complainant up-to the Supreme Court and the Supreme Court had dismissed the appeal, therefore, the protest petition could not be accepted and the trial Court could not interfere with the order, refusing the sanction for prosecution of the alleged accused. There is a checkered history of litigation and a brief survey is required to be mentioned. The petitioner had initially approached this Court by filing Criminal Writ Petition No.16095 of 2007. The Division Bench of this Court by means of order dtd. 24/10/2007 dismissed the writ petition by observing that the the petitioner, if so advised, may file an application under Sec. 156(3) CrPC for a direction to lodge the FIR against Sri Yogi Adityanath and others. The petitioner, thereafter, filed an application under Sec. 156(3) CrPC for lodging of the FIR against the accused under Ss. under Ss. 120-B, 153-A, 153-B, 295-A, 295-B, 143, 147, 435, 436, 452, 427, 395, 302 and 307 IPC and 3/4 Prevention of Damage to Public Property Act and Railways Act.

(3.) The said application was rejected by the learned Chief Judicial Magistrate vide order dtd. 29/7/2008. The petitioner, thereafter, filed Criminal Revision No.2346 of 2008 before this Court. This Court vide order dtd. 26/9/2008 set-aside the order dtd. 29/7/2008 passed by the learned Chief Judicial Magistrate, Gorakhpur and remitted back the matter to the learned Chief Judicial Magistrate to pass a fresh order in accordance with law. It was also directed that after registration of the FIR, on the basis of the application filed by the petitioner under Sec. 156(3) CrPC, proper investigation should be ensured.