Ram Raj Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 2189 of 2023
 

 
Applicant :- Ram Raj Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. And Another
 
Counsel for Applicant :- Anurag Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard Sri Anurag Shukla,Advocate assisted by Ms. Shrasti Karki,Advocate, learned counsel for the applicant, Sri Girijesh Dwivedi, learned A.G.A. for the State and perused the record.

Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned Chargesheet as well as its consequential summoning and the proceedings of Case No. 16/2020, pertaining to Case Crime No. 170/2019, under section 420 I.P.C., Police Station-Lonar, District-Hardoi.

Learned counsel appearing for the applicant submits that dispute with respect to an election is running before the Election Tribunal, wherein certain documents including affidavit were filed. He added that the contestant of the election namely, Anuj Kumar Singh i.e. opposite party no. 2 has lodged an F.I.R. with the allegation that the affidavit as well as supportive documents are forged and those are not genuine one. He further added that so far as the procedure prescribed under section 340 readwith section 195 of Cr.P.C. is concerned, in such matters, either complaints can be lodged or the court itself can take suo motu cognizance so far as the documents have been submitted during the course of proceedings of the case before the court concerned. He submits that in such circumstances, the case arising out of a police report cannot be maintained as per the provisions and mandate of Section 340 readwith Section 195 of Cr.P.C.

In support of his contentions, he has drawn attention of this court towards the Judgment and order dated 02-03-2021 passed by this court in an application under section 482 Cr.P.C. bearing no. 12371 of 2020, Sukhraj Vs. State of U.P. and Another and submits that the mechanism of the procedure has been interpreted and defined in the Judgment aforesaid and the case of the present applicant is squarely covered with the Judgment abovesaid and thus, the criminal proceedings against the applicant may be quashed.

On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there are specific allegations for committing cheat and fraud against the present applicant and after thorough investigation, it was found that the applicant was involved in committing offence and thus, the chargesheet was filed with respect to the offence for committing fabrication in the marksheets and presenting it before the court below as genuine documents and therefore, the applicant is not entitled for any relief.

The matter requires consideration.

Let notice be issued opposite party no. 2 returnable at an early date.

Steps be taken within ten days.

List/put up this matter in the week commencing 03-04-2023.

In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.

Till the next date of listing, the proceeding initiated against the applicant in pursuance of Case No. 16/2020, pertaining to Case Crime No. 170/2019, under section 420 I.P.C., Police Station-Lonar, District-Hardoi, shall remain stayed.

Order Date :- 3.3.2023

AKS