Allahabad High Court
Smt. Gurdei And Others vs State Of U.P. And Another on 20 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241634
Court No. - 92
Case :- APPLICATION U/S 482 No. - 19406 of 2007
Applicant :- Smt. Gurdei And Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anurag Pathak
Counsel for Opposite Party :- Govt. Advocate,R.S. Pundir
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Anurag Pathak, learned counsel for the applicants and Sri Prem Prakah Tiwari, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 15.05.2023 as well as the entire proceeding of Case No. 618 of 2005, under Sections 420, 468, 471, pending in the Court of Judicial Magistrate-II, Saharanpur.
3. Learned counsel for the applicants submits that the instant complaint has been lodged by the opposite party no.2, who was the villager and the allegation is that the applicants in collusion with each other have shown the khasra plot no.72/1 and 72/2 as the chak road and after demarcating it as a chak road, they have withdrawn the money in the name of construction of the said road and such amount was found to be embezzled by the applicants without construction of any such road on the ground, which has been found by the District Magistrate in Suit No. 2/2002-03 (Veer Singh vs. Ompal and others), under Section 133 Cr.P.C. The team of Revenue Inspector along with the police inspected the spot and they did not find any road which was constructed at khasra plot no.72/1 and 72/2.
4. Therefore, from the inspection report carried out by the Revenue Inspector, it is established that no road has ever been constructed on the khasra plot no.72/1 and 72/2. However, the applicants have embezzled the amount in the name of construction of the road on the said plots. It is submitted that on the complaint being filed by the opposite party no.2, which has been duly supported by the said inspection report as well as the order passed by the District Magistrate on 10.10.2002 and also by the statements recorded under Sections 200 and 202 Cr.P.C. of various witnesses, the learned Magistrate has summoned the applicants herein for the offences under 420, 468 and 471 IPC.
5. Learned counsel for the applicants further submits that the opposite party no.2 had no locus to file the complaint against the applicants, as he was only a villager and the instant complaint has been lodged only because the said khasra plot no.72/1 and 72/2 belong to the opposite party no.2.
6. This being so, since the allegation against the applicant is categorical thea they in collusion with the concerned Lekhpal have got demarcated an agriculture land as a chak road and thereupon in the name of construction of the said road, they have embezzled the public money for which the complaint has been lodged by the opposite party no.2. On the basis of inspection report dated 18.07.2003 submitted by the Revenue Inspector, it was found that no such road is in existence on khasra plot no.72/1 and 72/2 on the spot.
5. Accordingly, a prima facie case is made out against the applicants with regard to the embezzlement of the public money and creation of the forged record with regard to the demarcation of the chak road on khasra plot no.72/1 and 72/2.
6. From the perusal of the F.I.R as well as the summoning order, it can't be said that no offence whatsoever is made out against the applicant herein. Therefore, in the light of the judgment in R. P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866; State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315, this Court does not find any good ground for quashing the proceedings, as prayed by learned counsel for the applicant. Hence instant Application u/s 482 is hereby dismissed.
Order Date :- 20.12.2023
Ashish Pd.
