Allahabad High Court
Chandrika Yadav vs State Of U.P. And Another on 11 August, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163740
Court No. - 35
Case :- APPLICATION U/S 482 No. - 29547 of 2023
Applicant :- Chandrika Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahtab Alam,Rohit Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Mahtab Alam, learned counsel for the applicant, Sri Rajeev Pandey, learned A.G.A. for the State and perused the material brought on record.
This is an application filed by the applicants for quashing the charge-sheet dated 11.03.2023 submitted in Case Crime No. 458 of 2022, under Sections - 419, 420 I.P.C., Police Station ? Rasra, District ? Ballia as well as the summoning order dated 08.06.2023, passed by A.C.J.M. Ist, Ballia.
Learned counsel for the applicant submits that the impugned F.I.R. lodged against the applicant is nothing but is grossest misuse of process of law, as though the allegations have been sought to be alleged that the applicant and his son were instrumental in getting the word 'Bhairo' added in the residency certificate, in order to manipulate the revenue records and to do certain interpolations in the same, while the applicant is innocent in this regard. According to the applicant, the entire proceedings are liable to be quashed. He further submits that there is already a dispute pending before the relevant court of law instituted at the behest of the applicant against the opposite party and its fraction. Thus, according to him, by no stretch of imagination, the said proceedings can be allowed to continue. Further submission has been made that even the exercise, which is alleged to have been undertaken for inserting the name of 'Bhairo' against the name of father of the applicant also stood removed in that regard.
Learned A.G.A. on the other hand submits that though the applicant is claiming that the allegations, which have been sought to be levelled against him are false and baseless and they have been falsely planted just in order to implicate the applicant, but according to him, the said arguments centers around factual score, which cannot be gone into by this Court in exercise of inherent jurisdiction against him under Section - 482 Cr.P.C., particularly when the trial is not yet commenced. He seeks to rely upon the judgment of the Hon'ble Apex Court in the case of M/S Neeharika, Infrastructure Pvt. Ltd. vs. State of Maharashtra and others, reported in AIR 2021 SC 192.
I have heard the learned counsel for the parties and perused the record.
From the perusal of the first information report, cognizable offences are being made out against the applicant. Might be, it is the case of the applicant that the alleged interpolation is not existing at the same stands wiped off. However, this Court in exercise of inherent jurisdiction cannot pre suppose or pre-empt a thing stay whereof has not occasioned, as even otherwise, whatever the argument of the counsel for the applicant is, the same are the matter of defence, which can adequately be taken at the stage, when the trial commences. In absence of pointing out of any jurisdictional error, this Court does not find the present case to be a fit case to interfere with the present proceedings.
Accordingly, the present application stands consigned to record.
At this stage, Sri Mahtab Alam, learned counsel for the applicant has submitted that a direction be issued to the court below to consider the application of the applicants for granting the bail/discharge. However, this Court has no reasons to disbelieve that in case an application is being preferred by the applicants for seeking bail/discharge, then the same shall be decided with most expedition, as per the law existing on land looking into the facts and the circumstances of the case, as pleaded by the applicant.
Order Date :- 11.8.2023
S Rawat
