Jitendra Kumar vs State Of U.P. & Another
2017 Latest Caselaw 2117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 20230 of 2017
 

 
Applicant :- Jitendra Kumar
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Girish Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is presently working as Gram Panchayat Secretary and posted in Block Puranpur District Pilibhit. The Deputy Chief Medical Officer issued a letter dated 23.12.2008 to the block Development Officer for registration of date of death of Mohini Devi who died on 30.9.2004. In pursuance of the letter dated 23.12.2008 as well as direction issued by the Block Development Officer, the applicant invited open meeting of Gram  Panchyat and the persons of the village said that Mohini Devi died on 30.09.2004. The death certificate was issued on 24.12.2008 in which the date of registration was endorsed as 10.10.2004. Due to bonafide mistake the date of registration was wrongly mentioned as 10.10.2004 in place of 24.12.2008 which was later on corrected. It has further been submitted that the applicant has not committed the alleged offence, no offence is made out against him.

Learned  A.G.A. accepted notice on behalf of State.

Issue notice to the opp. party no. 2 who may file counter affidavit till the next date of listing.

List on 9.8.2017.

Till the next date of listing, no coercive action shall be taken against the applicant in complaint case no. 501 of 2014, Kamla Charan Vs. Smt. Maya Devi and others, under sections 419, 420 I.P.C. Police Station Bisalpur District Pilibhit pending before the Judicial Magistrate, Bisalpur District Pilibhit.

Order Date :- 7.7.2017

Gss