NARAYAN SHUKLA,J. - (1.) HEARD Mr.Kunwar Mridul Rakesh, learned Senior Advocate assisted by Mr.Rahul Shukla, learned counsel for the petitioner and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate of the State.
(2.) THE petitioner has challenged the proceedings of case No.12 of 2010, arising out of charge sheet No.4/10 dated 16.6.2010, submitted in pursuance to the First Information Report, registered as Case Crime No.744 of 2009, Police Station Hazratganj, Lucknow, pending before the court of Special Judge (P.C.Act), Lucknow as well as the order dated 15th of February, 2011, passed therein taking cognizance and issuing summons to the petitioner for trial. Briefly, the case as set out by the petitioner is that the present case has arisen out of charge sheet submitted by the Vigilance Department regarding disproportionate assets of the petitioner, while the same subject matter has been examined by the State Government twice and since nothing was found, the government closed the inquiry. Now it is the third time the inquiry has been done for the same subject matter, just to humiliate and harass the petitioner, which establishes the malicious action of the government against the petitioner as well as the abuse of process of court.
(3.) WITHOUT entering into any factual dispute, the learned counsel for the petitioner, at a glance, submitted that there are some properties, which have been taken as Benami transactions of his father and those are the subject matter of inquiry of his father, which are as under:- a) Residential Plot No.1/19, Vishwas Khand, Gomti Nagar, Lucknow. b) Agricultural land situated in Village and Tehsil Mehrauli, New Delhi. c) Mango Orchard in Village-Jamal Nagar, Tehsil Malihabad, district Lucknow. d) Agricultural land situated at Village-Pursaini, Tehsil Mohanlalganj, district Lucknow. e) Shops in Akbar Beerbal Complex, Gomti Nagar, Lucknow. ;