Allahabad High Court
Amrit Singh vs State Of U.P. And Another on 4 November, 2016
Bench: Pramod Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 11
Case :- APPLICATION U/S 482 No. - 29579 of 2016
Applicant :- Amrit Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ram Chandra Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Pramod Kumar Srivastava, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present applicant under Section 156 (3) Cr.P.C, was moved by the applicant with the averments that opposite party - Nand Kishore Tiwari was detained on 14.10.1978 in District Jail, Basti, and was enlarged on bail by the order dated 17.10.1978, but he had received salary from the School as Teacher, where he was employed. For this alleged receiving of salary regarding the period of incarceration an application has been moved for prosecution of said Nand Kishore Tiwari.
After affording an opportunity of hearing in appellant side, the Court of Chief Judicial Magistrate, Sant Kabir Nagar, has dismissed the said application by his order dated 24.01.2009. Against this order of trial court, criminal revision no. 13 of 2009 - (Amrit Singh Vs. State of U.P.) was preferred, which was heard and dismissed by the judgement dated 03.03.2009 of Sessions Judge, Sant Kabir Nagar.
The said order dated 03.03.2009 of Sessions Court dismissing the aforesaid revision has been challenged by the applicant through the present application under Section 482 Cr.P.C.
Learned counsel for the applicant submitted that after passing of the order of trial court, the applicant had approached the Department of Eduction for prosecution of Nand Kishore Tiwari, but no action was taken, therefore he had moved the present application.
The delay of about seven years in challenging the impugned order of the Sessions Court as well as that of trial court has not been property explained. Therefore, this application is liable to dismissed on ground of latches.
Apart from it on merit, it is found that prima-facie opposite party - Nand Kishore Tiwari was not a position to commit any act of forgery during his period of his incarceration in jail. In spite of knowledge of his detention in jail, he was paid salary by department. This is a matter between employer and employee. There is apparently no everment that any fraud or forgery has been committed by the said Nand Kishore Tiwari, in concealing fact of his incarceration and in receiving of salary of that period.
Apart from it, everything which applicant's pleads in his application or in submission during the arguments, are within his knowledge and he has apparently in possession of evidences in that regard. If he thinks proper, he may approach the concerned courts in accordance with law through filing a complaint case. There appears no illegality, impropriety or irregularity in the order passed by the trial court or lower revisional court that may not require exercise inherent jurisdiction of this court. Therefore this application is rejected.
Order Date :- 04.11.2016.
Vinod.
