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2023 Supreme(All) 1210

IRSHAD ALI
Mahesh Chandra Shukla – Appellant
Versus
Achal Mishra Basic Shiksha Adhikari Lakhimpur Kheri – Respondent


Advocates Appeared:
For the Applicant : Nirmal Singh Yadav, Pawan Kumar Pandey, Sharad Pathak, Tej Pal Singh.
For the Opposite Party : Jyotinjai Verma, Ram Kumar Singh, Sandip Kr. Yadav.

JUDGMENT :

C.M. Application No.11 of 2022

1. Heard learned counsel for the parties.

2. This is an application filed under Article 215 of the Constitution for the following directions :

    "(1) to direct all the actions taken after 10.5.2013 being in violation of the order dated 10.05.2013 of the Hon’ble High Court in above contempt petition and based on fraud upon the Hon’ble High Court be declared void and entire proceedings relating to Section 506 I.P.C. in Case Crime no.207/2013, Case no.3922 of 2013, P.S. Wazirganj, District Lucknow be dropped/ closed and be set aside.

(2) to direct initiation of legal proceedings including criminal proceedings against those responsible for initiation and continuance of false case under Section 506 I.P.C.

(3) issue such other order or direction, which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case, may also be passed in the interest of justice and equity."

3. Factual matrix of the case is that one person Mr. Krishna Kumar Pandey, who was holding the post of Accounts Officer at District Ambedkar Nagar at relevant point of time in the year 2013 and who was facing grave charges of financial embezzlement and against

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