SUDHAKAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicant Sud hakar Pandey, Advocate, with a prayer to quash the proceedings of criminal case No. 2189 of 2004 pending in the Court of learned Chief Judicial Magistrate, Azam-garh and to quash the order dated 7.11.2008 passed by learned C.J.M. Azam-garh whereby the discharge application filed by the applicant has been rejected and the order dated 23.12.2008 passed by learned Sessions Judge in criminal revision No. 385 of 2008 whereby the revision filed by the applicant against the order dated 7.11.2008 passed by the learned Chief Ju dicial Magistrate, Azamgarh has been dismissed.

(2.) THE facts, in brief of this case, are that the FIR has been lodged by Vinod Kumar Singh, the Reader of ACJM, Court No. 10, Azamgarh against the applicant on 17.7.2003 in case crime No. 902 of 2003 un der sections 506 and 406 I.P.C., P.S. Kot-wali, District Azamgarh alleging therein that the applicant has asked the Reader of the Court to handover the record of Crimi nal Case No. 5088 of 2002 under section 323 I.P.C., P.S. Kandhrapur for the purpose of putting the signature of his client, for this purpose, the record was handed over to the applicant by the Reader of the Court and the same was taken away by the applicant, subsequently, he refused to return the rec ord, thereafter the matter was reported to learned District Judge, Azamgarh even then, the record of the case was not re turned by the applicant but on further de mand, the applicant became too much an noyed and extended the threat of life to the Reader. THE matter was investigated by the I.O., who submitted the charge-sheet dated 10.6.2004 against the applicant, the same was forwarded by the officer-In-charge of police station concerned to the Court of learned Magistrate concerned on which the learned Magistrate concerned had taken the cognizance on 27.7.2004. Subsequently, the applicant moved a discharge applica tion in the Court of learned C.J.M. Azamgarh, the same has been rejected on 7.11.2008 the order dated 7.11.2008 has been challenged by the applicant by way of filing criminal Revision No. 385 of 2008, the same has been dismissed by learned Ses sions Judge, Azamgarh on 23.12.2008.

(3.) IT is contended that the applicant is a practising lawyer, the FIR has been lodged on the basis of false and frivolous allegations but without doing fair investi gation, the charge-sheet has been submit ted by the I.O. which is not having the co gent material even in FIR, the time of inci dent, the names of the witnesses have not been mentioned. The notice dated 16.7.2003 was given by the Inquiry Officer, which was replied by the applicant on 17.7.2003. The FIR of this case has been lodged due to ulterior motive because in the Court of, learned A.C.J.M., Court No. 10, a case No. " 457 of 2003 Sudhakar Pandey Advocate v. Shiv Govind and others was pending in which the Presiding Officer was pressuriz ing the applicant for doing compromise, the same was denied by the applicant, thereafter, threat was extended to the ap plicant. IT is further contended that there is material contradiction in the statement of Reader of the Court recorded by the I.O. and by Inquiry Officer. The applicant moved application for discharge in the Court of learned Chief Judicial Magistrate, Azamgarh, the same has been illegally re jected by learned C.J.M., Azamgarh on 7.11.2008, the learned Revisional Court has also not considered the manifest error committed by learned C.J.M. rejected the revision on 23.12.2008, the impugned orders dated 7.11.2008 and 23..12.2008 are illegal and are liable to be set aside, the prosecution of the applicant is based on false and frivolous allegation due to ulte rior motive, therefore, the proceedings pending against the applicant in criminal case No. 2189 of 2004 in the Court of learned C.J.M., Azamgarh may be quashed.