Court No.

- 87

Case :- APPLICATION U/S 482 No. - 20438 of 2022

Applicant :- Nikki Devi

Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shailesh Kumar,Deepak Singh Patel,Dev Kant
Trigunait,Upendra Upadhyay
Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

ORDER ON IMPLEADMENT APPLICATION NO. NIL OF 2022

The instant application has been filed by Sri Deepak Singh Patel, learned
counsel for the applicant praying therein to implead applicant Vinod Shanker
Tripathi as opposite party no.3.

Heard learned counsel for the parties.

For the reasons stated in the affidavit accompanying the impleadment

application application, the impleadment application is allowed.

The applicant Vinod Shanker Tripathi is permitted to be impleaded as opposite

party no.3 in the array of the parties, within a week, by learned counsel for the
applicant.

ORDER ON MODIFICATION APPLICATION NO:03 OF 2022

1. Vide order dated 18.08.2022, the C.B.I. was directed to conduct preliminary
enquiry with regard to the cases mentioned in paragraph no.5 of the said order.

2. Now the instant modification application has been filed to modify the order
dated 18.08.2022 by directing the C.B.I. to conduct preliminary enquiry with
regard to the cases lodged against the Advocates or the innocent persons. The
details of cases as mentioned in Annexure-23 to the affidavit accompanying the
modification application are as under:-

(1) Case Crime No. 0562 of 2012 under Sections 457, 380, 419, 420, 467, 468,
471 I.P.C. Police Station Colonelganj, District Prayagraj.

(2) Case Crime No. 105 of 2021 under Sections 376 (D), 506 I.P.C. Section 3(2)
SC/ST Act, Police Daraganj, District Prayagraj.

(3) Case Crime No. 82 of 2010 under Sections 308, 406 I.P.C. Police Station Civil
Lines, District Prayagraj.

(4) Case Crime No. 144 of 2022 under Sections 376 (D), 328 I.P.C. Police Station
Phaphamau, District Prayagraj.

(5) Case Crime No. 798 of 2021 under Sections 504, 506 I.P.C. Police Station
Civil Lines, District Prayagraj.

(6) Case Crime No. 312 of 2022 under Sections 323, 506, 406 I.P.C. Police
Station Civil Lines, District Prayagraj.

(7) Case Crime No. 549 of 2015 under Sections 354, 504 I.P.C. Police Station
Colonelganj, District Prayagraj.

(8) Case Crime No. 243 of 2018 under Sections 419, 420, 147, 323, 504, 506
I.P.C. and Section 3 (2) (V) and 3 (2) (VI) SC/ST Act, Police Station Civil Lines,
District Prayagraj.

(9) Case Crime No. 558 of 2021 under Sections 147, 447, 323, 504 I.P.C. and
Section 3 (2) (V) SC/ST Act, Police Station Civil Lines, District Prayagraj.

(10) Case Crime No. 379 of 2022 under Sections 147, 452, 427, 392, 504, 506
I.P.C. Police Station Civil Lines, District Prayagraj.

(11) Case Crime No. 289 of 2022 under Sections 386, 506 I.P.C. Police Station
Civil Lines, District Prayagraj.

(12) Case Crime No. 114 of 2022 under Sections 147, 148, 149, 323, 504, 506,
307 I.P.C. Police Station Phaphamau, District Prayagraj.

(13) Case Crime No. 424 of 2022 under Section 420 I.P.C. Police Station Civil
Lines, District Prayagraj.

(14) Case Crime No. 447 of 2022 under Sections 147, 148, 149, 323, 504, 506,
395, 34 I.P.C. Police Station Colonelganj, District Prayagraj.

(15) Case Crime No. 361 of 2021 under Sections 279, 304A I.P.C. Police Station
Cantt. District Prayagraj.

(16) Case Crime No. 239 of 2012 under Sections 376D, 354, 504, 506 I.P.C.
Police Station Mau Aima, District Prayagraj.

(17) Case Crime No. 181 of 2018 under Sections 323, 354B I.P.C. Police Station
Mau Aima, District Prayagraj.

(18) Case Crime No. 105 of 2022 under Sections 376-D, 328, 506 I.P.C. 5/6 of
POCSO Act, Police Station Mau-Aima, District Prayagraj.

(19) Complaint Case No. 908 of 2022 under Section 138 Negotiable Instruments
Act, Police Station Civil Lines, District Prayagraj.

(20) Complaint Case No. 885 of 2022 under Section 138 Negotiable Instruments
Act, Police Station Civil Lines, District Prayagraj.

(21) Complaint Case No. 125 of 2022 under Section 354, 452 I.P.C. and Section 3
(2) (V) SC/ST Act, Police Station Cantt., District Prayagraj.

(22) Complaint Case No. 06 of 2020 under Sections 323, 504, 506, 376-D I.P.C.,
Police Station Mau Aima, District Prayagraj.

(23) Complaint Case No. 17145 of 2022 under Sections 420, 467, 468 I.P.C.
Police Station Mau Aima, District Prayagraj.
 (24) Case Crime No. 292 of 2022 under Sections 498A, 323, 504, 506 313, 354
I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Saraini, District
Rai-Bareilly

(25) IIGRS No. 15175190103447 Police Station Mau-Aima, District Prayagraj

(26) IIGRS No. 15175190090154 Police Station Mau-Aima, District Prayagraj.

After hearing the learned counsel for the parties, it transpires that a gang is
operating to falsely implicate the Advocates either of the Allahabad High Court
or of District Court, therefore, this Court is of the opinion, that the cases
mentioned at serial nos. 1 to 23 (as mentioned above) are required to be
investigated by the C.B.I.

In view of the above, the C.B.I. is directed to conduct preliminary enquiry with
regard to the cases mentioned at serial no. 1 to 23 as mentioned in paragraph
no.2 of the instant modification application.

Accordingly, the modification application stands disposed of.

ORDER ON INTERVENER APPLICATION DATED 20.10.2022

The instant application has been filed by Sri Amit Daga, learned counsel for the
applicant with a prayer to implead Sri Saritend Kumar Jaiswal@ Ashish, Nand
Kumar Jaiswal, Abhishek Kumar Jaiswal, Nitin Kesarwani as opposite parties in
the instant application.

Heard learned counsel for the parties.

The applicant Saritend Kumar Jaiswal@ Ashish, Nand Kumar Jaiswal, Abhishek
Kumar Jaiswal, Nitin Kesarwani are permitted to be impleaded as opposite party
no. 4, 5, 6, 7 in the array of the parties, within a week, by learned counsel for
the applicants.

Sri Amit Daga, learned counsel for the applicants submits that the applicants,
who are Advocates have been falsely roped in a false case being Case Crime No.
599 of 2016 under Sections 147, 148, 149, 376, 354, 395, 397, 452, 427, 504,
506 I.P.C. Police Station Sarai Inayat, District Prayagraj, in which, preliminary
enquiry is required to be conducted by the C.B.I.

Considering the gravity of the offence, let a preliminary enquiry be also

conducted by the CBI with respect to Case Crime No. 599 of 2016 under
Sections 147, 148, 149, 376, 354, 395, 397, 452, 427, 504, 506 I.P.C. Police
Station Sarai Inayat, District Prayagraj.

Application is accordingly disposed of.

ORDER ON MEMO OF APPLICATION

Heard learned counsel for the applicant, Sri Rajeshwar Singh, Sri Rakesh
Chandra Srivastava, Jitendra Pal Singh Chauhan, Rohit Pandey, Sri Ajay Kumar
 Patel, Sri Shiv Kumar Maurya learned A.G.As. for the State and Sri Gyan
Prakash, learned Senior Counsel assisted by Sri Anurag Kumar, learned counsel
for the C.B.I.

Pursuant to the earlier order of this Court dated 18.08.2022, learned counsel for
the C.B.I. has produced the enquiry report in a sealed cover, which has been
opened in the Court. Perusal of the enquiry report shows that out of total 47
cases mentioned, 07 cases of Police Station Mau-Aima were repeated entries
and one case of Police Station Shivkuti was non-existent. Further the C.B.I. had
enquired 38 cases and found that in 25 cases nothing incriminating has been
surfaced so far, 12 cases do not appear to be genuine and in one case, the report
from the concerned police is awaited.

At this stage, this Court is satisfied with the preliminary enquiry. However
detailed enquiry is required to be conducted by CBI.

The State Government is further directed to handover and make available all
records as may be required by CBI and render full support and cooperation to
the CBI, so that the enquiry may reach to its logical end.

List this matter in the additional cause list on 6th February, 2023 for further
hearing showing the name of Sri Anurag Kumar as learned counsel for the C.B.I.

The preliminary enquiry report submitted by learned counsel for the CBI has
been sealed and is being sent to the Registrar General of this Court to keep the
same in his safe custody, which may be placed before this Court on the next date
of listing.

It is made clear that till submission of enquiry report by the C.B.I. there shall be
no arrest either of the accused persons or any other aggrieved persons.

Let a copy of this order be provided to Sri Gopal S. Chaturvedi, Sri Radha Kant
Ojha, Sri Amrendra Nath Singh, Sri Gyan Prakash, learned Senior Advocates of
this Court to assist the Court on the next date fixed, through Registrar
(Compliance) of this Court.

Order Date :- 20.10.2022

S.Ali

Digitally signed by SHAUKAT ALI

Date: 2022.10.21 15:25:13 IST
Reason:
Location: High Court of
Judicature at Allahabad