The Lucknow Bench of the Allahabad High Court has today sentenced mafia-turned-politician Mukhtar Ansari to a two-year imprisonment, holding him guilty of threatening to kill the jailer.
Way back in 2003, the then jailer of Lucknow, SK Awasthi, had filed a case against Ansari at the Alambagh police station, stating that he was been threatened with death consequences, if he ordered to search the people who had come to meet Ansari in jail.
The jailor alleged that Ansari had not only threatened him with dire consequences, but also had pointed a pistol at him while abusing him.
Ansari was acquitted by the trial court in this case, against whom the government had filed an appeal.
A Single Bench of Justice Dinesh Kumar Singh has passed this order while hearing the appeal filed by the UP Government.
The appeal has been filed under Section 378 CrPC with an application for leave to appeal against the judgment and order dated 23.12.2020 passed by Special Judge, M.P/M.L.A, Additional Sessions Judge, Lucknow in Criminal Case under Sections 353, 504, 506 IPC, Police Station Alambagh, Lucknow.
The Prosecution said that the complainant, S.K Awasthi was posted as Jailer in District Jail, Lucknow in the year 2003, when he was told about guests who had come to meet the prisoner, Mukhtar Ansari, the respondent.
The complainant who also held a position ordered for his frisking, on which Mukhtar Ansari got highly annoyed. He abused the and said what do you think of yourself . You created hurdles in people coming to meet me.”
S.K Awasthi firmly rejected the respondent stating that these people cannot not come inside without being frisked.
Mukhtar Ansari said, “You come out of Jail today, I would get you killed.” Prisoner, Mukhtar Ansari abused him and took revolver from one of the persons, who had come to meet him and pointed it towards the complainant.
It was also on record that people caught hold of Mukhtar Ansari and some caught hold of the complainant, otherwise any untoward incident could have taken place.
Prisoner, Mukhtar Ansari sent his men, who came to meet him, out of prison and said to the complainant, “Now your days are over and nobody can save you now.”
S.K Awasthi, the complainant, gave a complaint to this effect on 28.04.2003 at Police Station Alambagh, Lucknow on which the FIR at Case under Sections 353, 504, 506 IPC came to be registered on the same day against respondent-Mukhtar Ansari. The investigation of the case was entrusted to Sub Inspector Ganesh Singh and Smt Indu Srivastava.
After the investigation completed a charge-sheet was filed against the respondent under Sections 353, 506, 504 IPC, 2/3 U.P Gangsters and Anti Social Activities (Prevention) Act on 08.06.2003.
Thereafter, on 05.02.2005 a supplementary charge-sheet was also filed under Sections 353, 506, 504 IPC was submitted in the Court. The Magistrate took cognizance on Charge-sheet arising out of Case under Sections 353, 506, 504 IPC.
The Court in its findings said that the accused respondent has denied the incident and claimed of no such incident. Infact the complainant added that S.K Awasthi had given false evidence regarding the fact that when the incident took place, his entire staff including two Deputy Jailers, Sarvendra Vikram Singh and Shailendra Pratap Singh were present.
He denied that the Warden allowed the visitors inside the Jail under his fear and terror.
He also denied the statement regarding the version given by other witnesses and said that the investigation was conducted under political pressure to falsely implicate him.
The Trial Court after considering the evidence and submissions on behalf of the prosecution and the defence vide impugned judgment and order held that from the evidence, offences under Sections 504, 506 did not get proved against the accused-respondent nor the offence under Section 353 IPC was made out and, therefore, learned Trial Court acquitted the accused.