Rahul Chaturvedi, J. - (1.) Heard Sri Sushil Shukla, learned counsel for the applicant, Ms. Archana Singh, learned AGA- I and perused the record.
(2.) By means of the instant application u/s 407 Cr.P.C., the applicant Firoz Varun Gandhi (M.P.) is assailing the order dated 28.11.2018 passed by learned Special Judge (MP/MLA), Allahabad in connection with Criminal Appeal (Govt.) No. 27 of 2013 (State of U.P. through District Magistrate, Pilibhit Vs. VarunGandhi) arising out of Case Crime No. 255/2009, u/s 153A, 295A, 505(2) IPC and section 125 of Representation of People Act, 1951, P.S. Barkhera, District Pilibhit and further prayed that the aforesaid application may be transmitted back to learned IIIrd Additional Sessions Judge, Pillibhit for the adjudication.
(3.) The number of factual repercussions has culled out from the pleadings are as follows:- That on 17.03.2009 the S.H.O., P.S. Barkhera, Pilibhit has lodged an FIR against the applicant during election of the year 2009. The said FIR was registered giving rise to case crime no. 255/2009, u/s 153A, 295A, 505 (2) IPC and section 125 Representation of People Act, 1951 and after investigation the applicant was charge-sheeted. The applicant was put to trial by means of criminal case no. 2339/2009 and eventually it concluded in favour of the applicant vide judgment and order dated 05.03.2013 acquitting the applicant from all the allegations under section 153A, 295A, 505 (2) IPC and section 125 Representation of People Act, 1951.;