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 him, serious criminal cases are registered, has apparently succeeded in using Hon’ble High Court order passed on 10.05.2013 as a tool not only to protect him from effective enquiry against him, but also to affect the pairvi of the cases and to wreck vengeance against the then Basic Education Officer, the deponent who was making pairvi of cases and the then APP I/ Special Counsel/ respected and renowned member of the Awadh Bar at Hon’ble High Court, Lucknow who was appearing for the government servant in the above contempt petition at the relevant time on 10.05.2013 and affidavit was also filed by the government through him.

Since the order dated 10.5.2013 passed by this court in this contempt petition has been used as a tool against the deponent and two other innocent persons, the deponent is having no other alternative remedy except to file this application before this Court so that the actions taken in violation of the order dated 10.05.2013 may be declared void. It is well settled that no person can be allowed to suffer because of the action of Hon’ble court and the proceedings/ order, the basis of which is fraud, is to be set at naught/ nullified.

4. Learned counsel for the applicant submitted that order dated 10.5.2023 in the above contempt petition was passed on asking of Krishna Kumar Pandey and the same was affirmed on 18.02.2020. The order dated 10.05.2023 was against the then Senior Registrar (Sri Alok Mukherjee). The then Senior Registrar (Sri Alok Mukherjee) wrote letter dated 10.05.2013 to the S.S.P., Lucknow. The S.S.P., Lucknow wrote letter dated 10.5.2013 to the Station House Officer, Wazirganj, Lucknow. Though the order dated 10.5.2013 of the High Court and letter dated 10.5.2013 of the Senior Registrar finds mention in letter of S.S.P. dated 10.05.2013 but it is ensured with ulterior motive that the FIR be not lodged as per direction contained In the order dated 10.5.2013 of the Hon’ble High Court and the order dated 10.05.2013 of the Court and letter dated 10.5.2013 of the Senior Registrar be not made part of the case-diary.

5. Learned counsel for the applicant next submitted that Krishna Kumar Pandey, a man of bad incident, managed to lodge FIR dated 10.05.2013 with ulterior motive and ensure that the order of the Hon’ble High Court as well as letter of Registrar dated 10.05.2013 be not made part of the case diary.

6. Learned counsel for the applicant next submitted that deponent has inspected the file of Hon’ble High Court on 24.11.2022 and from perusal of the same which finds place at page no.3 of the record, makes it clear that Mr. Krishna Kumar Pandey initially did not name any person and his version of FIR is totally absent in original application given to Senior Registrar Sri Alok Mukherjee.

7. Learned counsel for the applicant n