Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Crl.Trial-Accused To Be Summoned Relying Upon Unrebutted Prosecution Evidence.
JUDGEMENT TITLE : Suresh Shahi & Another Vs. State Of U.P. & Another On 08/02/2006 By Allahabad High Court
CASE NO : APPLICATION U/S 482 NO. 7102 OF 2005
CORAM : Hon'ble Raghunath Kishore Rastogi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Reserved

Criminal Misc. Application No. 7102 Of 2005

Suresh Sahi & Another. . . . Vs. . . . . .State Of U.P. And Another.
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Hon'ble R.K. Rastogi,J.

This Is An Application Under Section 482 Cr.P.C. For Quashing The Proceedings Of Complaint Case No. 1114 Of 2005, State Through Sri Rakesh Kumar, S.D.M. Deoria Versus Suresh Sahi And Another Under Sections 193, 419, 420, 467, 468 And 471 I.P.C.
The Facts Relevant For Disposal Of This Application Are That A Case Under Section 107/116 Cr.P.C. Was Pending In The Court Of Sri Pankaj Kumar, S.D.M. Deoria Against Applicant No.2 Kaushal And In That Case He Filed Bail Bonds Executed By Suresh Sahi, Applicant No.1. Thereafter An Application Was Moved By Nagesh Pratap Dubey ( First Party In That Case Case ) In The Court Of S.D.M. Deoria On 7.3.2005, ( Which Is Annexure No.1 Of The Affidavit Filed In Support Of The Application Under Section 482 Cr.P.C.). It Was Stated Therein That Suresh Sahi Had Filed Jot Bahi Of Deceased Shyam Badan Impersonating Himself As Shyam Badan Affixing His Own Photo In Place Of Shyam Badan On The Bond. It Was Further Stated That In This Way Suresh Sahi And Kaushal Had Committed Fraud With The Court And They Had Committed An Offence Punishable Under Sections 193, 419, 420, 467 And 468 I.P.C. And So Action Should Be Taken Against Them. On That Application Learned S.D.M. Got The Matter Enquired Into, And A Report Was Received From Revenue Inspector, Lekhpal And Tahsildar That Shyam Badan Had Died On 28.2.2000 And The Photo Which Was Affixed On The Bail Bonds Purporting To Be Of Shyam Badan Was Actually The Photograph Of Suresh Sahi. On The Basis Of This Report Sri Pankaj Kumar, S.D.M. Deoria Prepared A Complaint Against Suresh Sahi And Kaushal Under Sections 193, 419, 420, 467, 468 I.P.C. And Filed It In The Court Of Chief Judicial Magistrate, Deoria Where It Was Registered As Criminal Case No. 1114 Of 2005. The Chief Judicial Magistrate Took Cognizance On This Complaint And Summoned The Accused Applicants. The Accused Applicants Moved This Application Under Section 482 Cr.P.C. For Quashing Of This Order Passed By The Chief Judicial Magistrate.
I Have Heard Learned Counsel For The Applicant And The Learned A.G.A. For The State.
It Was Submitted By The Learned Counsel For The Applicant That Shyam Badan Sahi, Suresh Sahi And Other Family Members Had Joint Jot Bahi And So That Joint Jot Bahi Was Produced By Suresh Sahi And Actually No Offence Was Committed By The Accused Applicant. It Is, However, To Be Seen That As Per Prosecution Allegations The Case Is That Shyam Badan Had Died On 28.2.2000, And Thereafter Suresh Sahi Claiming Himself To Be Shyam Badan Affixed His Photo On The Bail Bonds Describing It To Be Photo Of Shyam Badan, And Thus Filed Fictitious Bail Bond In The Court Of S.D.M. Deoria , And When This Fact Was Verified By The Revenue Inspector, The Lekhpal And The Tahsildar, The S.D.M. Deoria Lodged A Complaint Against Suresh Sahi And Kaushal. It Is To Be Seen That At The Stage Of Summoning The Accused Persons The Prima Facie Case Is To Be Seen And As Per The Report Received From The Revenue Inspector, The Lekhpal And The Tahsildar There Appears Prima Facie Case Against Both The Accused Persons, And So The Learned Chief Judicial Magistrate Committed No Error By Summoning The Accused Persons. The Criteria For Summoning Of The Accused Is As To Whether The Unrebutted Prosecution Evidence Makes Out A Prima Facie Offence Against The Accused Or Not And In The Present Case There Was Sufficient Evidence To Make Out That Prima Facie Case. Thus, The Learned Magistrate Did Not Commit Any Illegality By Summoning The Accused Persons. The Order Passed By Him Does Not Suffer From Any Illegality. The Application Under Section 482 Cr.P.C. Has Got No Force And Is Liable To Be Dismissed.
The Application Under Section 482 Cr.P.C. Is Dismissed.

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