Ramsamujh And Others vs State Of U.P. Thru. Secy. Home. ...
2022 Latest Caselaw 9519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 1295 of 2021
 

 
Applicant :- Ramsamujh And Others
 
Opposite Party :- State Of U.P. Thru. Secy. Home. Deptt. Lko And Another
 
Counsel for Applicant :- Atul Verma,Nikhil Sonkar
 
Counsel for Opposite Party :- G.A.,Rahul Agnihotri
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet dated 27.09.2020 filed in FIR No.0795 of 2020, under Sections 420, 467, 468, 471 and 506 IPC lodged at Police Station Kotwali Sadar, District Kheri, for quashing of the order dated 31.10.2020, by means of which cognizance has been taken, and for quashing of the proceedings of Case No.6044 of 2020 (State Vs. Amrendra Singh and others), pending in the Court of Chief Judicial Magistrate, Kheri.

3. Allegation against the applicants is that they are the owners of Gata No. 290, whereas the complainant is the owner of Gata No.292; the applicants have sold land of their Gata No. 290, but they have shown boundaries of Gata No. 292 i.e. of the complainant.

4. Investigating officer, after investigating the offence, has filed charge-sheet under the sections of the IPC, mentioned above.

5. This Court is of the considered opinion that even if the allegations in the FIR are considered to be correct, offence under Section 467 IPC is not attracted inasmuch there is no allegation of forging any government security. In view thereof, the impugned charge sheet, so far as it relates to offence under Section 467 IPC, is hereby quashed. In respect of other offences, this Court finds no ground to quash the charge-sheet.

6. Learned counsel for the applicant(s) submits that the applicant(s) want(s) to surrender and apply for regular bail. Only prayer is that while considering the bail application of the applicant(s), trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

7. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

Order Date :- 6.8.2022

MVS/-