Dinesh Kumar Singh, J. - (1.) The present writ petition has been filed for quashing of the order dated 21st August, 2017 passed by the State Government, Annexure-1 to the petition, whereby the Government has reconsidered its earlier decision dated 16th December, 2016 of withdrawal from prosecution in relation to Case Crime No.639 of 2010, under Sections 420, 465, 467, 468, 471 and 120-B I.P.C., Police Station Hazratganj, District Lucknow. The Government has taken the decision to cancel its earlier order and continue with the prosecution. The petitioner has also challenged the application dated 12th October, 2017 which has been moved by the Public Prosecutor before learned Chief Judicial Magistrate, Lucknow after the decision of the Government dated 21st August, 2017 to not press earlier application filed by the Public Prosecutor for withdrawal from prosecution.
(2.) As it comes out from the record, one Smt. Meenakshi Singh, an I.R.S., was posted at Lucknow along with her husband Mr. Rajeev Krishna, an I.P.S., who was also posted as Senior Superintendent of Police/Deputy Inspector General of Police, Lucknow in the year 2010, respondent nos. 1 and 2 respectively, gave a hand-written complaint at the Police Station Hazratganj stating therein that some unknown persons had been using letter-pads of eminent persons to write baseless complaints by forging their signatures against her. When the letter-pads came to her and she confronted the eminent persons, whose letter-pads were misused by forging their signatures, they denied any such complaint by them, rather they said that these letters were forged.
(3.) On the basis of aforesaid complaint, a first information report at Case Crime No.639 of 2010 was registered on 26th August, 2010 at Police Station Hazratganj, District Lucknow. It appears that during the course of investigation, name of accused person came into light and evidence was gathered in respect of his involvement in commission of aforesaid crime. The State Government, however, later on took a decision to withdraw from prosecution and sent its consent to the Public Prosecutor for withdrawal from prosecution vide order dated 16th December, 2016. After receiving the consent of the Government, the Public Prosecutor moved an application dated 19th January, 2017 before the learned Chief Judicial Magistrate, Lucknow for withdrawal from prosecution on the ground that the petitioner was not named in the first information report and there is no sufficient evidence regarding petitioner's involvement in forging the letter-pads and documents alleged to have been forged by using the letter-pads of eminent persons and forging their signatures on the complaint against respondent no. 2. While the application moved for withdrawal from prosecution was pending before the learned Chief Judicial Magistrate, Lucknow for final decision, the Government has re-considered its earlier decision/order dated 16th December, 2016 for withdrawal from prosecution and cancelled the same vide impugned order dated 21st August, 2017. In pursuance thereof, the Public Prosecutor moved the application dated 12th October, 2017 before the learned Chief Judicial Magistrate, Lucknow to not press the earlier application in view of the Order dated 21st August, 2017 passed by the Government.;