S.S. Chauhan, J. - (1.) THE present petition under Section Cr.P.C. has been filed, inter alia, on the ground that an application under Section Cr.P.C. was moved on 16.5.2005 by opposite party No. 4, on which an order was passed by the Judicial Magistrate for registering the F.I.R. against the petitioners on 2.9.2005. The said order was challenged before the revisional court vide Criminal Revision No. 191 of 2005 and the revisional court passed an interim order on 5.9.2005 staying the operation of the order dated 2.9.2005 and finally the revision was allowed and the order passed by the Magistrate was set aside by means of judgment and order dated 15.2.2007. It is alleged that in the meantime a letter dated 6.5.2005 was written by Sri Anil Sant, the then Secretary, Social Welfare to the Superintendent of Police, Ambedkar Nagar for registering the F.I.R. against the petitioner and others, upon which the Circle Officer, Jalalpur, District Ambedkar Nagar on 21.10.2005 has directed the Station Officer, Malipur to register the case against the petitioner and others. In pursuance to the aforesaid direction an F.I.R. was registered against the petitioner and others on 27.10.2005 and after investigation the police has submitted charge sheet against the petitioners. Hence this petition.
(2.) SUBMISSION of learned Counsel for the petitioner is that in spite of the interim order passed by the revisional court the F.I.R. was registered against the petitioner on the basis of a letter written by Sri Anil Sant in the capacity of the Secretary, Social Welfare. The said letter has been placed on record as Annexure CA -1 to the counter affidavit filed by Sri Yogendra Kumar Pachauri, D.I.G., Devi Patan Range, who has annexed the aforesaid document to prove that the F.I.R. was registered against the petitioners on 27.10.2005 in pursuance to the letter written by Sri Anil Sant. It is submitted that on the said date i.e. 27.10.2005 the interim order passed by the revisional court dated 5.9.2005 was very much in existence and, therefore, the order of the Court ought to have been complied with and respected in stead of brushing aside it and registering the F.I.R. in pursuance to the letter of the Secretary, Social Welfare dated 6.5.2005 and alternatively even if there was letter of the Secretary, Social Welfare dated 6.5.2005, then he was no authority vested with him to write such a letter and misused the powers vested in him, which were otherwise not available to him and thereby interfering with the process of law and administration of justice without authority. It is further submitted that the Secretary, Social Welfare was not empowered to write such a letter for registration of the F.I.R. as the said power is vested with the Superintendent of Police as contemplated under Rule 12 (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short the 'Rules'). Hence, reliance placed by the Secretary, Social Welfare that he happens to be the Convener of the State -level Vigilance and Monitoring Committee and in that capacity he has written the letter, cannot be accepted as the State -level Vigilance and Monitoring Committee does not vest any such power for writing any such letter. The Secretary, Social Welfare was not vested with any such power and could not have written any such letter by virtue of his occupying the post and moreover it was not written as a Convener of the State -level Vigilance and Monitoring Committee, but it was written in the capacity of Secretary, Social Welfare. Learned Government Advocate appearing on behalf of Sri Sant has filed an affidavit and in the aforesaid affidavit it has been stated that on the date of writing of the letter, the order of the court was not in existence and, therefore, he cannot be said to have over ridden the order of the revisional court and moreover he has admitted the writing of the letter in para 5 of the counter affidavit. It is also submitted that concerned police authority did not inform the deponent regarding the interim order dated 5.9.2005 and final judgment dated 15.2.2007. It is also submitted that the deponent remained Secretary, Social Welfare till 25.9.2005. The aforesaid letter was written for registering the F.I.R. by Sri Sant in the capacity of Convener of the state -level Vigilance and Monitoring Committee and, therefore, he was vested with such power and hence no fault can be attributed and neither any illegality for stepping over the jurisdiction can be attributed to him.
(3.) I have heard learned Counsel for the parties and gone through the record and the affidavit filed by Sri Sant.;