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2022 Supreme(All) 990

SAURABH SHYAM SHAMSHERY
Akhilesh Kumar Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishnu Prakash Srivastava
For the Respondent: Vipul Pandey

JUDGMENT :

1. To what extent the “process of law” could be ‘abused’ that the criminal proceedings ex-facie became vexatious and oppressive and facts of the present case are glaring example of it. It is a legal battle among advocates of a good standing at District Court, Kanpur. Both the applicant/accused as well as opposite party No.2/complainant are advocates. The facts further unfolds that the Lawyers’ Association, Kanpur Nagar through its Secretary filed a civil suit bearing No. RS/000/712/216 against some advocates and private persons including one Smt. Renu Nigam to declare an agreement to sale dated 26.03.2008 being void ab initio on the ground being fraud. The said suit is still pending. The applicant No.1 was an advocate for the Association, however, on being certain dispute, he was later on discharged. An F.I.R. was lodged by one advocate on somewhat similar facts wherein opposite party No.2/complainant herein was also an accused. The further proceedings thereof are not on record.

2. Further facts are that the opposite party No.2 posted a letter dated 05.09.2019 by a speed post addressed to the Senior Superintendent of Police, Kanpur Nagar that his neighbour one Renu Nigam i

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