RAM VYAS PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Madan Mohan Srivastava learned Counsel for the petitioner, learned A.G.A. and Sri R.K. Khanna learned Counsel for the respondent No. 2.

(2.) THIS petition has been filed against the order -dated 6 -3 -2003 passed by the learned Additional Sessions Judge, (Fast Track Court) Court No. 28 Allahabad in Criminal Revision No. 1035 of 1996 whereby the revision filed by the respondent No. 2 was allowed and the order dated 19 -9 -1996 passed by the learned A.C.J.M., 1st Allahabad was set aside and the matter was remitted to the Court of learned A.C.J.M., 1st Allahabad to dispose of the matter on priority basis considering the observations given in the judgment in accordance with the provisions of law.

(3.) IT is contended by the learned Counsel for the petitioner that the petitioner was posted as Pravar Adhikshak, Rail Daak Sewa at Allahabad in the year 1988 and an advertisement was issued inviting tenders for sale of waste papers of the department, vide letter No. H5/32/88 -89 of 20 -5 -1988 for which the respondent No. 2 has applied for tender and tender was accepted in his favour, but after obtaining the tender of waste papers of Railway Mail Service, Postal Department, the respondent No. 2 has not complied with the terms and conditions of the tender, thereafter, his name was blacklisted by the petitioner vide letter dated 29 -9 -1988. On account of this declaration the respondent No. 2 became annoyed with the employees of the Railway Department. Thereafter, the respondent No. 2 lodged an F.I.R. after thought on 13 -3 -1989 at the police station Khuldabad, Allahabad on the basis of the allegations made against the C.D. Singh and Rangi Lal Tripathi, employee of the Department of Railway. The allegation was that the Officers and the employee of the Railway Mail Service, 8 Division, Allahabad have misappropriated the amount of Rs. 13,393, which was deposited by the respondent No. 2. In that F.I.R. there was no allegation against the petitioner.