RAM KRISHNA GAUTAM,J. - (1.) Heard Sri Pradeep Kumar, learned counsel for the applicant, Ms. Monica Vaish, learned counsel for O.P. No. 2 and learned A.G.A. representing the State. Perused the records.
(2.) This application, under Section 482 Cr.P.C., has been filed by applicant I.P.S. Yadav against State of U.P. and Amit Vaish with prayer to quash the summoning order dated 21.2.2019 as well as order issuing N.B.W. and entire proceedings of Complaint Case No. 1099 of 2019, Amit Vaish Vs. I.P.S. Yadav, under Sections 392, 427, 447 I.P.C., P.S. Naini, district Prayagraj, pending in court of A.C.J.M., Court No. 2, Allahabad.
(3.) Learned counsel, for the applicant, argued that accused-applicant is an officer in Indian Railways and was performing his official duties, in view of letters previously written to the District Magistrate, Prayagraj, as well as concerned Station Officer of P.S. Naini, Prayagraj, regarding encroachment done over land in question belonging to Indian Railways and performance of official duties. Above act was performed in discharge of official duty for which this F.I.R. was got lodged, wherein a proceeding u/s 482 Cr.P.C. was filed before this court, but as final report was submitted in the above case crime number, hence above proceeding u/s 482 Cr.P.C. was held to be infructuous and was dismissed. Subsequently a protest petition was filed and over this petition, cognizance was taken, but summoning order was not there. Rather the Magistrate opined for proceeding as a complaint case, thereby recorded statements of complainant u/s 200 Cr.P.C. and of his two witnesses u/s 202 Cr.P.C. Then after by a cryptic order, without applying judicial mind, passed the impugned order of summoning, for which, there required a sanction, as per section 197 Cr.P.C. This was abuse of process of law and no Public officer will perform his official duty because of such threat being given by Land Mafias and others. Hence this application with above prayer. Learned A.G.A. has vehemently opposed the above submission. ;