R.P.Singh vs State Of U.P. And Others
2023 Latest Caselaw 7753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 72
 
Case :- APPLICATION U/S 482 No. - 1961 of 1994
 
Applicant :- R.P.Singh
 
Opposite Party :- State of U.P. and Others
 
Counsel for Applicant :- A.K.Singh,A.K.Kumar,M.P.S. Chauhan
 
Counsel for Opposite Party :- B.R.Singh Aga,A.G.A.,Akhilesh Srivastava,Ashutosh Kr. Srivastava,Yogendra Kumar Srivastava
 
Hon'ble Mrs. Sadhna Rani (Thakur),J. 

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

By means of this application under section 482 Cr.P.C. the applicant seeks to quash the proceeding of criminal case no. 1366 of 1993, State Vs. Rampal Singh, under section 420 and 409 I.P.C., police station Awagarh District Etah.

As per facts of the case, a first information report was lodged by the respondent no. 3 Mahendra Pal Singh, the Manager of Chetram Inter College, Naraura Distict, Etah against the applicant on 30.3.1993 at 10.15 a.m. In the FIR, it was alleged that the present applicant Rampal Singh worked as a lecture in English from 2.1.1975 to 20.5.1975 in Jain Inter College, Karhal District Mainpuri and by moving false affidavit in the court of Etah and by cheating the court also withdrew the salary from Chetram Inter College, Narora, District Etah. Thus, for the period of 2.1.1975 to 20.5.1975, the applicant drew the salary from two colleges simultaneously and committed financial loss to the both colleges mentioned above. After investigation, the charge sheet was filed against the applicant under section 420, 409 I.P.C.

By moving this application, the applicant submitted that he was appointed a lecturer in English in Chetram Singh Inter College Narora on 7.10.1970 and worked as such on that post till 30.6.1972. His services were terminated by order dated 20.5.1972 from 1.7.1972 treating him to be a temporary lecturer. The District Inspector of Schools vide his order dated 9.7.2072 directed the respondent no. 3 to treat the applicant in service but the respondent no. 3 did not comply with the order passed by the District Inspector of Schools.

The applicant filed a civil suit in District Court Etah which was decreed in his favour. The Misc. Appeal and the second appeal both against this judgment filed by the opp. party no. 3 were dismissed and after dismissal of the second appeal in the month of May, 1979 the applicant was permitted to join his services on 11.8.1979. Till date he was continued in service. During 2.1.1975 to 20.5.1975 he got employed in Jail Inter College, Karhal District Mainpuri but did not get salary for that period. To get his arrears, he had to file the execution. The payment of arrears was made to him deducting the salary for the period 2.1.1975 to 20.5.1975 and a certificate to this effect was issued by the Principal of the institution. The opp. party no. 3 filed a false complaint under section 420, 406 and 120-B I.P.C. against the applicant that he had received the payment for the aforesaid period from 2.1.1975 to 20.5.1975 by fraud from both the institutions but this complaint was dismissed under section 203 Cr.P.C. Against this dismissal order, a revision was filed which is still pending and during pendency of the revision, the opp. party no. 3 after a lapse of considerable period lodged the present first information report under section 409 and 420 I.P.C. under case crime no. 39 of 1993 in police station Awagarh District Etah on 30.3.1993 for the same cause of action for which his earlier complaint was rejected. The charge sheet was filed against him on 30.10.1993.

As the applicant is a Secretary of U.P. Madhyamik Shiklsha Sangh, Etah, so he had made several complaint against the opp. party no. 3 so with malafide intention the present first information report was lodged against him. It was also submitted that as per section 300 Cr.P.C. a parallel proceeding cannot be instituted. As a first information report has been lodged in the year 1993, so it is time barred, as per section 468 Cr.P.C. Hence, the prayer was made accordingly.

Counter affidavit was filled by the opp. party no. 1 with the version that on the basis of the FIR after recording the statements of the witnesses and due investigation, charge sheet was submitted against the applicant. It is also submitted that even if the double payment is adjusted later on this fact does not minimise the offence of the applicant.

Counter affidavit was filed by the opp. party no. 3, the Manager of Chetram Inter College, Naraura, also with the version that that on the basis of direction issued by the District Inspector of Schools on 30.3.1993 the first information report was lodged by him against the applicant. previously against this FIR, the applicant had filed a writ petition no. 12336 of 1993 with a prayer to issue a direction in the nature of certiorari quashing the impugned FIR and issue a writ of mandamus commanding the respondents not to take cognizance on the basis of this FIR and a direction for the respondent not to arrest the applicant/ petitioner regarding the said FIR and the said petition is still pending before this court wherein an interim order has been granted in favour of the applicant staying his arrest of the applicant till submission of charge sheet. Thus, the present application under section 482 Cr.P.C. is not maintainable. By filing simultaneously two proceedings, the applicant had committed fraud with the court. The applicant was given appointment in the college of the opp. party no. 3 on the leave vacancy and his services were terminated on 20.5.1971. Though on 9.9.1971 he was again given appointment which continued up to 19.5.1972 and the applicant was terminated from his services on 20.5.1972. By filing false affidavit in the court of Etah, the applicant drew the salary from the two institutions in same time i.e. from Chetram Inter College, Naraura District Etah and also from Jain Inter College, Karhal, Mainpuri for the period of 2.1.1975 to 20.5.1975 for which he is liable to be prosecuted. By filing two executions he got all his arrears from the college at Naraura. The certificate filed by the applicant dated 6.2.1990 that the salary of the period of 2.1.1975 to 20.5.1075 has been adjusted is a forged document because Principal Vijay Singh is shown to have signed it on 6.2.1990 while this certificate bears the seal dated 1.1.1993 which is quite impossible. At the same time with the endorsement of word ''Bhavdiya' the signatures of Vijay Singh are made on the left side of the certificate, while signatures of the person who issues the certificate are always made on right side of the certificate and when this seal was affixed on the certificate on 1.1.1993 Vijay Singh was not the Principal of the institution concerned. When Vijay Singh was asked whether he had issued this certificate, he specifically denied this fact in writing vide letter dated 26.3.1994. Thus, this documents is forged. The dismissal of the complaint under section 203 Cr.P.C. does not bar lodging of the FIR. The first information report was lodged on the basis of the letter of District Inspector of Schools dated 4.12.1992 and after investigation on the basis of the evidence collected, the Investigating Officer submitted chargesheet against the applicant under section 420 and 409 I.P.C. The FIR is not barred by section 468 Cr.P.C. and as the dismissal of complaint under section 203 Cr.P.C. does not amount the acquittal, hence, section 300 Cr.P.C. also does not apply to the facts, hence, the prayer is opposed accordingly.

The applicant filed his rejoinder affidavit. Wherein he had denied the version of the counter affidavit and reiterated the version of his application under section 482 Cr.P.C. and submitted that Mahendrapal Singh who has lodged the FIR and filed counter affidavit is not the Manager of the Chetram Inter College, Naraura, hence, he has no locus standi to file any of the documents. Rajendra Singh Chauhan is the Manager of the respondent no. 3 and only he had a right to file an affidavit on behalf of the college. He also submitted that his writ had become infructuous, so the present application under section 482 Cr.P.C. is maintainable.

As per record, the allegation on the applicant is that he withdrew the salary for the period of 2.1.1975 to 20.5.1975 from two colleges simultaneously, Jain Inter College Karhal, Mainpuri and Chetram Inter College Naraura district Etah. The applicant in support of his version filed the certificate issued by Vijay Singh dated 6.2.1990 that the salary of the applicant from 2.1.1975 to 20.5.1975 has been adjusted by the payment made by the colleges to the applicant. As the certificate is in photocopy form which bears seal of the Principal dated January, 1993 and the signature of the issuing authority dated 6.2.1990 on the left side of the certificate made it suspicious. At the same time, the opp. party no. 3 has filed the letter of the same person Vijay Singh dated 26.3.1994 stating that he had not issued any certificate regarding adjustment of salary of the applicant from 2.1.1975 to 20.5.1975. The opp. party no. 3 had also placed the certificate issued from Jain Inter College, Karhal Mainpuri to District Inspector of Schools, Etah that the applicant had withdrawn the salary for the period of serving in that college from 2.1.1975 to 20.5.1975. Otherwise, also it is not the case of the applicant that he had not received the salary from Jain Inter College Karhal Mainpuri for the above period.. Thus admittedly, the applicant has received salary for the period of 2.1.1975 to 20.5.1975 from Jain Inter College Karhal, Mainpuri and in two go he had received the complete arrears from Chetram Inter College, Naraura District Etah also. The salary for the period of 2.1.1975 to 20.5.1975 has been adjusted, the certificate to this effect has been issued by the Principal of Chetram Inter College, Naraura. But the said Principal refuses in writing to issue any such certificate. Thus, prima facie, the version of the FIR appears to be correct that for the above period, the applicant received payment from two colleges by playing fraud with the Management of Chetram Inter College Naraura. So far as the argument of the learned counsel for the applicant that the complaint of the opp. party no. 3 was rejected under section 203 Cr.P.C., so again FIR of the same facts is barred by Section 300 Cr.P.C. is concerned, the rejection of complaint under section 203 Cr.P.C. does not amount to acquittal of the accused persons, hence, after rejection of complaint under section 203 Cr.P.C., filing of FIR on the same facts is not barred. So far the version that the revision was filed against the dismissal order of complaint under section 203 Cr.P.C is concerned. the applicant has filed a typed copy of alleged ground of revision, typed written draft neither bears any number of the revision nor bears the signature of any authority who can be said to have filed this revision.

If we go through the section 468 Cr.P.C. the limitation in that section is prescribed for the offence punishable with sentence of six months, one year and 3 years. While punishment for the alleged sections wherein charge sheet has been filed against the applicant for section 409 I.P.C. it is imprisonment of life / imprisonment up to 10 years and also fine. Thus, the applicant cannot claim benefit of section 468 Cr.P.C.

From perusal of the FIR prima facie a cognizance offence appears to be made out against the applicant. The applicant is enjoying the stay order by filing this application under section 482 Cr.p.C. since 1994 and the proceedings of the trial are stayed since then.

On the basis of the above discussions, there is no sufficient ground to quash the proceeding of Criminal Case No. 1366 of 1993 arising out of case crime no. 39 of 1993, State Vs. Rampal Singh, under sections 420, 409 I.P.C., police station Awagarh District Etah.

The application of the applicant being devoid of merits is liable to be dismissed and is hereby dismissed.

Order Date :- 17.3.2023

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