Dismissed

Laxman Prasad v. State of U.P. and Another

Allahabad HC7 Feb 2023A482/39896/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of proceedings for corruption charges involving alleged cheque forgery. The court held that questions of fact regarding forgery must be decided at trial and the case did not fall within the scope of Section 482. However, bail was offered if the applicant surrenders and applies expeditiously.

What did the court decide?

Application for quashing dismissed. Bail to be considered expeditiously upon surrender and application within seven days.

Laxman Prasad Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 39896 of 2022

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Applicant :- Laxman Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the petitioner and Sri Ratnendu Kumar Singh, learned AGA and perused the record.

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The present petition under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet dated 30.6.2020 as well as the cognizance order dated 14.8.2020 and the entire proceedings of Special Sessions Trial No.83 of 2020, arising out of Case Crime No.123 of 2010, under Sections 409, 419, 420, 467, 468, 471, 201, 204 and 120-B IPC and Section 13 (1)(2) of Prevention of Corruption Act, Police Station Ghorawal, District Sonbhadra, pending in the court of Special Judge (Prevention of Corruption Act)-IV, Varanasi.

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The petitioner was Area lekhpal and he was also performing the work of the Revenue Inspector as the Revenue Inspector had become blind. Allegation against the petitioner is that he had withdrawn Rs.40,50,000/- through several cheques, which have been mentioned in the FIR itself out of the fund allocated for drought relief.

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Learned counsel for the petitioner submits that the amount of Rs.40,50,000/- was withdrawn by forging the signatures of the petitioner on the cheques.

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The Investigating Officer after investigating the offence, has filed the charge sheet, on which cognizance has been taken and the

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petitioner has been summoned to face the trial.

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Whether the signatures on the cheques are forged or the signatures are of the petitioner, would be decided at the time of trial by leading evidence. However, this Court does not find that this question can be decided in a petition under Section 482 Cr.P.C. The power under Section 482 Cr.P.C. is an extraordinary power and is required to be used only to prevent the misuse of the process of the court and to secure the ends of justice. When there are allegations of withdrawal of Rs.40,50,000/- by the petitioner through several cheques, this Court does not find that this case falls within the parameters of Section 482 Cr.P.C. and there is no ground to interfere with the ongoing proceedings.

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Thus, the present petition has no merit and substance, which is hereby dismissed.

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However, it is provided that if the petitioner surrenders before the concerned trial court within seven days from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with law.

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Order Date :- 7.2.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Laxman Prasad v. State of U.P. and Another

Case brief

What is this about?

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Laxman Prasad v. State of U.P. and Another

Case brief

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What did the court decide?

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