Shivpal Singh Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:111995

Court No. - 64

Case :- APPLICATION U/S 482 No. - 17878 of 2023

Applicant :- Shivpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This Application has been filed seeking to quash the entire proceedings of Case No. 229839 of 2022, State vs. Shivpal Singh(arising out of Case Crime No. 412 of 2017) under Section 406, 409, 120-B IPC, P.S. Sachendi, District Kanpur Nagar, pending in the Court of the Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.

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The applicant, who is the ex-Secretary of a Cooperative Society has been reported to the Police with an allegation of committing criminal breach of trust worth Rs. 10 lacs and odd. That money belonged to the society. This money came up from sale proceeds that were not deposited in account and the other was, that was siphoned off in the sanction and disbursement of loans. The Police have found the charges vindicated and submitted a charge-sheet. In financial matters, where there is material, it is not an advisable course of action to terminate criminal proceedings by an interdict under Section 482 Cr.P.C. This is not to say that the charges against the applicant are true. But, there is material against him, collected during investigation on the basis of which the applicant would be tried and the prosecution have to establish the case against him. So far as this Court is concerned, the applicant's defence, on whatever ground he has argued to show that the charges are incorrect, cannot be examined by us.

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In this view of the matter, no case for interference with the impugned proceedings is made out. Accordingly, this application is dismissed .

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Order Date :- 22.5.2023 Deepak

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Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad

Shivpal Singh v. State of U.P. and Another

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