MANOJ KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Mukesh Kumar Singh, learned counsel for the petitioners namely (i) Manoj Kumar Gupta, Executive Engineer, LESA Trans, Sitapur Road, Lucknow; (ii) Deependra Singh, Sub Divisional Officer at 33/11 KV Sub Station Faizullaganj, Aliganj, Lucknow; (iii) Rakesh Pratap Singh, contractual employee at 33/11 KV Sub Station GSI, Aliganj, Lucknow and Shri Avinash Mani Tripathi and Shri Anwar Hussain, learned counsel for respondent no.4 Bhagwan Das Gupta, presently posted as C.J.M., Banda and Shri Baleshwar Chaturvedi, learned Amicus Curiae for the Electricity Department and also Shri Ghanshyam Kumar, learned A.G.A.-I for the State of U.P. Pleadings have been exchanged between the parties as well as the written submissions were also furnished by the respective counsels. The matter is ripe for final adjudication of the case.

(2.) The matter was heard by this Court at length on 5/10/2023 and the judgment was reserved. In the intervening period, while drafting of judgment was about to complete, the Court came across certain issues which need further clarification. Under the circumstances, on 10/5/2024 the case was ordered to be listed on 21/5/2024 for further hearing. After having clarifications, hence this judgment.

(3.) From the array of the parties, it is evident that the F.I.R. was lodged by respondent no.4 Dr. Bhagwan Das Gupta, in his personal capacity and on his own name, as an informant of Case Crime No. 606 of 2023, u/s 406, 409, 419, 420, 464, 467, 468, 471 and 386 I.P.C., Police Station Kotwali, District Banda, against the petitioners, who are the serving officials of the Electricity Department of the government.