The Allahabad High Court has stayed the coercive action against former MP Umakant Yadav under the FIR registered at Line Bazar police station in Jaunpur.
A single-judge bench of Justice Rahul Chaturvedi passed this order while hearing a petition filed by Yadav.
In this petition, the criminal revision is being preferred challenging the order dated October 11, 2021 passed by Special Judge, MP/MLA, Allahabad, whereby the Discharge Application of the applicant under Sections 227/ 239 CrPC has been rejected.
The counsel for the applicant submitted that the sale was executed in 1975 in favour of the revisionist and in 1994, the Consolidation Officer, on the basis of the said sale deed, passed an order mutating the name of the revisionist in the revenue record in place of original tenure holder.
There was no objection by any one challenging the above mutation proceeding. Not only this, in 2016, the name of the revisionist was recorded in view of the Rules 109 A of the UPCH Rules.
Suddenly out of the blue, a third person, Sanjeev Kumar Jaiswal, raised an objection and has filed a revision before District Magistrate against the revisionist, which was decided by the authority ex-parte, raising its eye brows over the authenticity of the above mentioned mutation proceedings and recorded certain adverse remarks against the applicant.
It is contended by the counsel that these remarks by the District Magistrate were uncalled for, moreover that, the revision before him was never contested by the revisionist. Against that order, a recall application was also filed by the revisionist and that too was turned down. Ultimately, a petition was filed before the Court in which after exchange of the pleading pending for final disposal by the court concerned.
Submission advanced by the counsel that, the matter is subjudice before the Court, the criminal prosecution against the applicant at the behest of Sanjeev Kumar Jaiswal is nothing but arm twisting.
The Court observed that the FIR in which there is reference of the order dated August 14, 2017 passed by District Magistrate, Jaunpur, which is a “FOCAL ISSUE” of the entire FIR.
It is further contended that the order of District Magistrate is under challenge before the court by way of Civil Misc Writ Petition and it is not proper to proceed with a criminal case on the same issue.
The submission made by counsel for the petitioner, prima facie appears to have some substance. The matter requires consideration, the Court said.
Additional Government Advocate prayed for and is allowed six weeks’ time to file counter affidavit by the court.
“Issue notice to opposite party no 2 who may also file his counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter before appropriate Bench. Till further orders of the Court, no coercive action shall be taken against the applicant in Case under Sections 419, 420, 467, 468 and 471 IPC, PS Line Bazar, District Jaunpur,” the Court ordered.