DIWAKAR NATH TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision under Sec. 397 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) has been filed by the revisionist with a prayer to set aside the judgment and order dtd. 4/9/2021 passed by the Additional Chief Judicial Magistrate in Misc. Case No. 102/XII/2021 (C.N.R. No. 2750/2021), whereby the learned Magistrate rejected the application under Sec. 156 (3) Cr.P.C dtd. 20/7/2021 filed by the revisionist seeking direction for registration of First Information Report against respondent no. 2 and to investigate the same.

(2.) Heard Mr. Daya Shankar Mishra, learned Senior Counsel assisted by Mr. Ramesh Chandra Dwivedi, learned counsel for the revisionist, Mr. Manish Goyal, learned Senior Counsel/ Additional Advocate General, assisted by Mr. Ashutosh Kumar Sand, learned Government Advocate for the State of U.P. and Mr. Pawan Kumar Singh, learned counsel for the respondent no. 2. Factual matrix of the case 3- The facts that formed the bedrock of the present criminal revision are that the revisionist-Diwakar Nath Tripathi, has moved an application dtd. 20/7/2021 under Sec. 156(3) of Code of Criminal Procedure in the Court of Additional Chief Judicial Magistrate, Court No. 17, Allahabad with the allegations inter alia that:-

(3.) Shri Keshav Prasad Maurya by concealing facts obtained political and lucrative position on the basis of misrepresentation and forged documents. He, while contesting the Assembly Election of 2007 from Allahabad West Constituency, has disclosed that he has passed Prathma in the year 1986, Madhyama in the year 1988 and Uttama in the year 1998 from Hindi Sahitya Sammelan, Allahabad. In the year 2012, in the column of highest educational qualification, while Shri Keshav Prasad Maurya was contesting the Assembly Election from Sirathu Vidhan Sabha Constituency (Kaushambi) had disclosed that he passed B.A. in the year 1997 from Hindi Sahitya Sammelan, Allahabad. Similarly, false affidavit has been filed in the year 2014 Lok Sabha Election, Phoolpur Constituency and Vidhan Parishad Election.