Allahabad High Court
Pramod Kumar Gupta vs State Of U.P. And 7 Others on 12 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 10848 of 2022
Applicant :- Pramod Kumar Gupta
Opposite Party :- State Of U.P. And 7 Others
Counsel for Applicant :- Shambhavi Nandan
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Present petition under Section 482 Cr.P.C. has been preferred to modify the order dated 02.04.2022 passed by Additional Chief Judicial Magistrate, Court No. 3 Varanasi in Criminal Case No. 3620 of 2015 and summon the respondents accused under Sections 419, 420, 467, 468 and 471 IPC.
Learned counsel for the applicant has submitted that he has filed an application under Section 156 (3) Cr.P.C. for the offences under Sections 419, 420, 467, 468, 471 and 506 but the same was dismissed by the trial court against which applicant had preferred a revision wherein revisional court had quashed the order passed by the learned court below remanding it back to decide afresh.
After remand of the case, learned court below has decided the matter vide its order dated 02.04.2022 summoning the respondent nos. 2 to 8 under Section 506 IPC.
On being aggrieved by the order impugned herein, the present petition under Section 482 has been preferred.
Learned counsel for the applicant has submitted that the order impugned has been passed despite the fact that it has been disclosed before the court below that a civil dispute is going on between the parties even then the court below has not taken cognizance under Section 419, 420, 467, 468 and 471 IPC though the pendency of civil proceedings has been mentioned in the order dated 02.04.2022 and once, the applicant had made an application in the above mentioned sections, the court has to take cognizance of the same simultaneously, the criminal proceedings can be drawn even during the pendency of the civil dispute. It is further submitted that the respondents have sold the land more than their share by committing fraud.
On the other hand, learned AGA has submitted that there is no illegality in the order impugned passed by the learned court below as the reasons have been assigned while passing the order thus, the court below has rightly taken cognizance under Section 506 IPC. It is further submitted that charges/sections could be altered or added at any stage prior or till the pronouncement of judgment as per Section 216 Cr.P.C. and hence the present petition is liable to be dismissed.
After hearing learned counsel for the parties and going through the record, it is found that it is an admitted case of the applicant that there is a civil dispute going on between the parties pertaining to a same property and as per the law settled by Hon'ble Supreme Court in the case of Mitesh Kumar J. Sha v. State of Karnataka reported in [2021 SCC Online SC 976] wherein it has been held that if the dispute involves determination of issues which are of civil nature, one can by no means stretch the dispute to an extent, so as to impart it a criminal colour. It has further been held that criminal proceedings are not a short cut of other remedies available in law and hence the court below has rightly not taken cognizance under Section 419, 420, 467, 468 and 471 IPC. Learned court below has relied upon the judgment passed in the case of Rakesh Vs. State of U.P. ( Application under Section 12719 of 2013) wherein it has been held that execution of the sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of Section 464 IPC. The said proposition has neither been disputed in the present application/petition nor argued during the course of argument. The Court is empowered under Section 216 Cr.P.C. to alter the charges/sections at any stage prior or till the pronouncement of judgment.
In view of the discussions made hereinabove, there is no illegality in the order impugned herein.
Petition is devoid of merit and is dismissed, accordingly.
Order Date :- 12.5.2022
Ashish
