ARUN KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri H.G.S. Parihar, learned Senior Counsel, assisted by Ms. Meenakshi Singh Parihar, for the applicant, Sri Manish Kumar Pandey, learned A.G.A.-1 and Sri Rajendra Pratap Singh, learned counsel for the opposite party no. 3.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant have challenged validity of the order dtd. 12/5/2023 passed by the learned Special Judge (M.P., M.L.A.) / Additional Session Judge, Court No. 5, Pratapgarh in Criminal Revision No. 129 of 2022 and the cognizance and summoning order dtd. 18/8/2022 and the entire proceedings of Case No. 129 of 2015 in the Court of Special Judge M.P. M.L.A. / Civil Judge (S.D.) / F.T.C. II, Pratapgarh, which arose out of F.I.R. No. 61 of 2015 lodged by the Sub-Divisional Magistrate, Kunda, Pratapgarh on 21/3/2015 in Police Station Kunda, District Pratapgarh, against two officials of the revenue department - an Ahalmad and a Registrar Kanoongo, and unnamed beneficiaries of the offence, in compliance of an order dtd. 15/9/2014 passed by this Court in Writ Petition No. 7611 of 2014 - Kamlesh Singh versus State of U. P. and others.

(3.) F.I.R. No. 61 of 2015 was lodged by the Sub-Divisional Magistrate, Kunda, Pratapgarh on 21/3/2015 under Ss. 419, 420, 467, 468, 471 I.P.C. against two officials of the revenue department - an Ahalmad and a Registrar Kanoongo, and unnamed beneficiaries of the offence, in compliance of an order dtd. 15/9/2014 passed by this Court in Writ Petition No. 7611 of 2014 - Kamesh Singh versus State of U. P. and others. The F.I.R. states that a forged paper-book of Case no. 301 of 2000 in the Court of the S.D.M. Kunda and an order dtd. 15/5/2001 were prepared and mutation was carried out in furtherance of the aforesaid order in the Khatauni on 8/5/2012. When irregularities committed in the aforesaid proceedings came to light, the District Magistrate got an enquiry conducted by the S.D.M., who submitted an enquiry report dtd. 6/2/2015 against the two named accused officials and the beneficiaries of the offence.