Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12628 of 2021 Petitioner :- Shiv Prakash Singh And 20 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 29.11.2021 in Case Crime No. 0275 of 2021 under Sections 419, 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Balua, District Chandauli (Annexure-1 to the writ petition). Further, prayer has been made not to arrest the petitioner in pursuance of the aforesaid F.I.R."
Learned counsel for the petitioners precisely submits that the criminal proceeding is being drawn just to harass the petitioners on the ground that the petitioners are members of the society which runs the institution in question. The election conducted by the petitioners as members of the society under the Scheme of Administration has been duly acknowledged and accepted by the District Inspector of Schools on 04.09.2020 and consequently, the complainant has challenged the said approval by preferring Writ-C No.23049 of 2020 (C/M Jatadhari Inter College and Another Vs. State of U.P. and 3 Others), wherein time was granted for exchange of affidavits without any interim order. The purported Scheme of Administration approved by the complainant in the year 2015 has also been challenged by the petitioners in Writ-C No.25043 of 2021(C/M Jatadhari Inter College and Another Vs. State of U.P. and 2 Others).
Learned counsel for the petitioners further submits that the petitioners have also lodged the first information report dated 05.11.2020 against the respondent no.4, under Sections 147, 504 and 506 I.P.C. and as a counter blast to the said civil and criminal proceedings, the present first information report has been lodged. Even in the first information report the complainant has acknowledged that in collusion with the District Inspector of Schools and other officials the election held by the petitioners has been approved.
Matter requires consideration.
Issue notice to the respondent No.3 returnable at an early date.
Steps be taken within a week by ordinary process as well as by registered post.
All the respondents may file counter affidavit within four weeks. Petitioner shall have two weeks thereafter to file rejoinder affidavit.
List thereafter.
Till the next date of listing, respondents are restrained to arrest the petitioners subject to cooperation in ongoing investigation in the matter.
Order Date :- 23.12.2021 pks