Dismissed

Sita Singh v. the State of U.P and Anr.

Allahabad HC10 Jul 2023/2023/2014

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking to quash proceedings for alleged cheating regarding a freedom fighter pension, the court found no illegality in the summoning or revisional orders as evidence showed the applicant conspired with another woman to claim pension after the original claimant's death. The application was dismissed.

What did the court decide?

The application under Section 482 CrPC to quash the charge-sheet and summoning order was dismissed.

Sita Singh Vs the State of U.P and Anr. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44325

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 2023 of 2014

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Applicant :- Sita Singh Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Krishana Kumar Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Rajeev Singh,J.

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Heard Sri Krishana Kumar Singh, learned counsel for the applicant as well as Sri Anurag Verma, learned AGA and perused the record.

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The present application u/s 482 CrPC has been filed to quash the charge-sheet bearing No.168 of 2010 dated 23.04.2010 in the court of C.J.M., Gonda and the summoning order dated 06.07.2010 passed by C.J.M. Gonda in Crl. Case No.2499 of 2010 arising out of Case Crime No.391 of 2009 under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station- Kotwali City, Gonda and the order dated 22.03.2014 passed by Additional Session Judge, Court No.2, Gonda in Criminal Revision No.663 of 2013 and to quash the criminal proceeding of aforesaid Case Crime No.391 of 2009.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. He further submitted that allegation against the applicant was of conspiracy with the intention to get the freedom fighter pension in favour of Smt. Kamla Devi (wife of late Krishna Narain) and she was effectively pursuing the case for freedom fighter pension, but on her application, a detailed inquiry was ordered by Commissioner, Devipatan Mandal, Gonda. Vide letter dated 23.05.2009, Commissioner, Devipatan Mandal, Gonda was directed to District Magistrate, Gonda for necessary action against the accused person and also making recovery, in case any pension is paid. Thereafter, FIR in question was lodged and during the course of investigation, the version of the application was not considered and charge-sheet was submitted in the most mechanical manner by the Investigating Officer for the offence u/s 419, 420, 467, 468, 471 read with 120-B IPC and the main allegation against the applicant is for the offence of conspiracy under Section 120-B IPC, therefore, indulgence of this Court is necessary.

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Learned A.G.A. opposed the prayer of applicant and

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submitted that in the investigation, it was found that Smt. Sushila Devi (wife of late Krishna Narain/freedom fighter) died on 30.04.1959 and applicant was pursuing for family pension being imposter in the name of Smt. Sushila Devi. He further submitted that there is no illegality in the summoning order, therefore, the application is liable to be dismissed.

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Considering the submissions of learned counsel for the parties and going through the contents of the summoning order as well as revisional order, it is evident from the record that during the course of investigation, it was found that Smt. Sushila Devi died on 30.04.1959, and thereafter, one lady, namely, Smt. Kamla Devi was pursuing for getting freedomfighter pension claiming herself as Smt. Sushila Devi with the active association of the applicant and charge-sheet was filed after consideration all the evidences. I am of the view that there is no illegality in the summoning order as well as revisional order.

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In view of above, the application u/s 482 Cr.P.C. stands dismissed .

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Office is directed to communicate this order to the trial court forthwith for necessary action.

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Order Date :- 10.7.2023 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Sita Singh v. the State of U.P and Anr.

Case brief

What is this about?

What did the court decide?

Sita Singh v. the State of U.P and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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