RAJESH KUMAR GIRI Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet no. 40 of 2022 dtd. 28/9/2022, cognizance taking order dtd. 15/11/2022 as well as entire proceedings of Special Trial No. 1191 of 2022 (State VS. Rajesh Kumar Giri), arising out of Case Crime No. 166 of 2021, under Sec. 354-A, 504, 506 I.P.C. as also under Ss. 7/8 POCSO Act, Police Station-Khakheru, District-Fatehpur, pending in the Court of Additional Sessions/Special Judge (POSCO Act), Fatehpur.

(2.) Heard Mr. Dipak Srivastava, learned counsel for the applicant and the learned A.G.A. for the State. Case of the Applicant

(3.) Father of the applicant, namely, Bholi Giri is a farmer and social person in his locality. The complainant was village pradhan of the applicant's village for the period between 2011 to 2015. When the complainant was village pradhan he embezzled public money qua development work of village against which the father of the applicant, namely, Bholi Giri has made complaint against him before the administrative authority of the district. When no action has been taken on the said complaint, Bholi Giri filed a PIL before this Court bearing P.I.L. No. 29962 of 2015 in which this Court has passed order on 21/5/2015 directing Bholi Giri to make an application before the District Magistrate, Fatehpur, who inturn was directed to pass such orders in accordance with law thereon. Pursuant to the above order of this Court Bholi Giri filed an application before the District Magistrate Fatehpur for its compliance, but no action has been taken due to political power of complainant/opposite party, namely, Dhram Singh Pal. On 29/6/2015, Bholi Giri preferred an application under Sec. 156 (3) Cr.P.C before concerned court below qua development work in the village against complainant, who was holding the post of pradhan. The complainant had harboured enmity with applicant' family because he has been defeated in the election of 2015 as Bholi Giri has strongly opposed his candidature as Pradhan and supported his opponent.