Allahabad High Court
Amit Kumar vs State Of U.P. And Another on 10 August, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:161649
Court No. - 50
Case :- CRIMINAL REVISION No. - 3188 of 2022
Revisionist :- Amit Kumar
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Shiv Prakash
Counsel for Opposite Party :- G.A.,Mohammad Danish
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the revisionist, learned counsel for the respondent no. 2 and learned A.G.A. for the State and perused the record.
Instant criminal revision has been preferred against the judgment and order dated 15.6.2022 passed by learned C.J.M., Moradabad, in Misc. Case No. 1442 of 2022 (Amit Kumar Advocate vs. Prempal), P.S. Katghar, District Moradabad, whereby application moved by revisionist under Section 156(3) Cr.P.C. has been dismissed.
Factual matrix of the case are that revisionist is co-villagers of opposite party Prempal who has been elected as Gram Pradhan of Gram Panchayat Kharagpur Baje, Block Moodhapande, Tehsil and District Moradabad. The revisionist stated in his application under Section 156(3) Cr.P.C. that the opposite party Prempal concealed material fact in affidavit filed along with his nomination papers while standing as candidate in Gram Pradhan election with regard to a criminal case registered against him. A cognizable offence was registered against him vide Crime No. 812 of 2020 (State Vs. Preetam and others) and still that case is pending in the court of Moradabad but no description of that case was given in the affidavit which was filed with nomination papers. Revisionist also lodged a complaint with D.M., Moradabad on 3.6.2022 on which an enquiry was initiated by D.M. concerned and D.P.R.O. in his letter dated 27.6.2022 addressed to D.M., found the complaint prima facie proved and he also sent a copy of enquiry report to S.H.O. concerned for information and necessary action. The D.P.R.O. in his report found that on account of concealment of material fact, proceedings for cancellation of election of said Gram Panchayat were called for under provisions of Panchayat Raj Act and relevant rules, however, no action has been taken with regard to said report of D.P.R.O. and opposite party is still continuing as Gram Pradhan. He next submitted that learned court below has rejected the application in cryptic manner with observation that the revisionist could not produce any description as how cognizable offence was made out in the case and in this situation in the opinion of court, revisionist was not having any locus standi to move an application under Section 156(3) Cr.P.C. The impugned order is liable to be set aside and appropriate orders may be passed in the matter.
Per contra, learned A.G.A. and learned counsel for the respondent no. 2 submitted that there is no illegality, irregularity or perversity in the impugned order passed by learned court below. No complaint has been made by D.P.R.O. or any competent authority with regard to matter in controversy. Revisionist failed to specify as to which cognizable offence has been made out in the matter. Even same is not disclosed in application under Section 156(3) Cr.P.C.
Section 415 IPC defines cheating as under:-
"Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to ?cheat?. Explanation.?A dishonest concealment of facts is a deception within the meaning of this section."
Section 417 IPC provides that whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 420 provides that whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
In present case although from allegations in application u/s 156(3) Cr.P.C. as well as report of D.P.R.O addressed to D.M. concerned, it appears that opposite party concealed material fact of a criminal case registered against him in his affidavit filed along with his nomination papers, yet this is not alleged as to which cognizable offence has been made out on the basis of that. In report of D.P.R.O., it is stated that election of opposite party who is elected as Gram Pradhan can be cancelled on account of concealment of this material fact under provisions of Panchayat Raj Act and Panchayat Raj Rules. The main grievance of the revisionist is that no action was taken by superior authority on said report of D.P.R.O. and complaint made by the revisionist which was liable to be looked into by appropriate authorities. Even if it is conceded that this is a case of cheating, there is no allegation that any inducement was made by the opposite party to the revisionist and further if this is a case of cheating, the same is deemed to have been committed against the persons who were responsible for scrutiny of nomination papers and acceptance thereof as well as the authorities who are interested with holding election of Panchayats.
I find no good ground to interfere in impugned order passed by learned court below and same is not vitiated by illegality, irregularity or perversity, however, revisionist is at liberty to seek appropriate remedy before concerned authority for initiating and taking action against respondent no. 2/opposite party, for said ground. Accordingly, revision stands dismissed with above observations.
Order Date :- 10.8.2023
A.P. Pandey
