RAVINDRA SINGH, J. - (1.) HEARD Sri Prashant Chandra, Senior Advocative, assisted by Sri Mayank Sinha, and Sri D.K.Singh, learned counsel for the applicants, learned A.G.A. for the State of U.P. and Sri jyotindra Mishra, Senior Advocate, assisted by Sri Sunil Kumar Chaudhary and Sri Kapil Misra, learned counsel for respondent no. 2.
(2.) THAT the applicants Dhanush Veer Singh, Saurabh Bannerji and Pradeep Thakur have preferred this application under section 482 Cr.P.C. with the following prayers: (a) To set aside order dated 5.4.2013 passed by the Ld. CJM, Lucknow in Complaint Case No. 2062 of 2013 and quash the complaint dated 25.2.2013 filed by the respondent no. 2 having Complaint Case No. 2062 of 2013 pending before the J.M. II, Lucknow; and (b) Quash and set aside the order dated 17.9.2013 passed by the Ld. ASJ, Lucknow in Criminal Revision Petition No. 182 of 2013; and c) Pass an ad -interim order staying the further proceedings in complaint Case No. 2062 of 2013 before the Ld. CJM, Lucknow; and d) Pass any further order as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.
(3.) THE facts in brief, of this case are that respondent no. 2 Sri Satish Chandra Mishra, filed a complaint dated 25.2.2013 in the court of learned Chief Judicial Magistrate, Lucknow against the applicants on which the statement of respondent no. 2, Satish Chandra Mishra, was recorded under section 200 Cr.P.C. and the statements of Sri Amrendra Nath Tripathi, and Sri G.S. Tripathi, were recorded under section 202 Cr.P.C along with complaint , some documents and the photostate copy of the identity card issued as the member of Rajya Sabha to respondent no. 2 have also been filed. After considering the complaint, statements recorded under sections 200 and 202 Cr.P.C. and the documents filed, the learned Chief Judicial Magistrate, Lucknow took cognizance and summoned the applicants on 5.4.2013 to face the trial for the offence punishable under sections 500 and 501 I.P.C. The order dated 5.4.2013 was challenged by the applicants in the High Court by way of filing a criminal misc. case no. 1867 of 2013 under section 482 Cr.P.C., but the same was dismissed on 25.4.2013 on the ground of availability of alternative remedy by providing that in case any revision is preferred by the applicants before the court below, the revisional court shall dispose of the same by a reasoned and speaking order considering all the submissions raised before it. In pursuance of the order dated 25.4.2013, the petitioner preferred a Revision petition No. 182 of 2013 before the Sessions Court, Lucknow, the same has been dismissed on 17.9.2013 by the learned Additional Sessions Judge, Court No. 3, Lucknow. Being aggrieved, from the orders dated 5.4.2013 and 17.9.2013, the petitioners preferred this application under section 482 Cr.PC. before this court. The respondent no. 2 Sri Satish Chandra Mishra, filed a complaint case no. 2062 of 2013 against the applicants on the basis of the news item published in the Daily News Paper ' The Times of India' on Wednesday, February, 6th, 2013, the news item was published permanently in all the editions to all the news papers throughout the country and it had also publicised in the website. It was published in Lucknow edition dated 6.2.2013 as the main headline on the first page. The following news item was published : 'BSP NETAS USED BANK TO LAUNDER CASH ' Case Filed Against Bank linked to RS MP Akhilesh Das Pradeep Thakur /Tnn New Delhi : The Reserve Bank of India(RBI) has filed a criminal case in Lucknow's chief judicial magistrate's court against directors and the CEO of a cooperative bank - Indian Mercantile Cooperative Bank Ltd - for alleged money laundering worth hundreds of crores involving fictitious entities. The case was taken up by other investigating agencies after intelligence Bureau, which ran its own checks, altered the finance ministry to a suspected money laundering racket running into thousand of crores. The bank is linked to BSP Raj Sabha MP Akhilesh Das Gupta. His wife, Alka, a former head of the bank who is still on its board, has been made a respondent by the RBI. Some of the suspicious transactions involve BSP leaders. The BSP leaders have strongly disputed the contents of the report. ToI has a copy of the Inspection report. The case was taken up by other investigating agencies after intelligence Bureau, which ran its own checks, altered the finance ministry to a suspected money laundering racket running into thousand of crores. In any case, RBI's findings were alarming enough, with the central bank reporting a series of transactions where crores were deposited and withdrawn, with the bank of allegedly failing to meet the requirement of checking the antecedents of the account holders. The RBI report suspect that fictitious entities were engaged in transactions which in many cases involved more than Rs. 10 crores. Subsequent, efforts to trace the account holders failed. Significantly, many of the transactions date to the BSP government in UP. One of these relates to BSP chief Mayawati's close aide Satish Chandra Mishra. The RBI report alleged that the bank provided undue benefits to the BSP leader in Rajya Sabha, foregoing a significant part of the Rs. 2 crore loan he was given. It is also alleged that Mishra was given the loan even when his papers were not in order and when he pledge a property different from the one which was supposed to be the collateral. "The bank had sanctioned Rs. 2 crore but as per repayment scheduled, total recovery would be only Rs. 30 lakh in five years and for the same loan account the bank had not followed the share linking norms," the RBI inspection report said. When contacted, Mishra strongly refuted the charge and threatened to proceed against RBI. The BSP leader said he had taken a loan from the Indian Mercantile Bank and had mortgaged his Windsor Place property, the worth of which was more than the loan amount." ;