Dismissed

Santosh Kumar Upadhyay v. State of U.P. and Another

Allahabad HC25 Jan 2023A482/40033/2022

Case brief

AI extract

What is this about?

The High Court considered a petition under Section 482 CrPC to quash criminal proceedings for cheating and breach of trust arising from unpaid labour wages. The applicant, a former Secretary, argued the dispute was civil and he could pay. The court held the significant unpaid amount and refusal to pay indicated malefide, rejecting the quashing prayer.

What did the court decide?

Prayer to quash the charge sheet dated 28.01.2020 and cognizance order dated 16.10.2020 in Criminal Case No.3434 of 2020 is dismissed.

Santosh Kumar Upadhyay Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 40033 of 2022

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Applicant :- Santosh Kumar Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Pawan Kumar Mishra

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State respondent and perused the record.

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By means of this application, the prayer is made to quash the entire proceedings, charge sheet dated 28.01.2020, cognizance order dated 16.10.2020 in Criminal Case No.3434 of 2020, arising out of Case Crime No.177 of 2019 (State Vs. Santosh Kumar Upadhyay) under Sections 420, 406, 504, 506 I.P.C., Police Station Devgaon, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Azamgarh.

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It is an admitted fact that as per the agreement with Purvanchal Vidhyut Vitran Nigam, Limited Khand-3 Azamgarh, District Azamgarh, M/S Asahay Manav Kalyan Sansthan, Laggupur Pawari, Azamgarh (Contractor) had to pay the salary of labourers. Said agreement is appended at page 14 of the paper book. It is also an admitted fact that salary of the labourers from October, 2018 to March, 2019, which was Rs.13,87,884 was not deposited in the account of the labourers.

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It is argued that though during that period, the applicant was Secretary in M/S Asahay Manav Kalyan Sansthan, Laggupur Pawari, Azamgarh but now he is not an employee in this firm. So he showed his inability to deposit this amount and prayer is made that if the opposite party no.2 agrees, some installments may be fixed but as the applicant's counsel is not ready to pay more than Rs.1 lakh to opposite party no.2 so the counsel for the opposite party no.2 denied entering into the compromise with the applicant.

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It is further submitted by the learned counsel for the applicant that dispute is civil. If the salary of the labourers is not received by them, it was for opposite party no.2 Purvanchal Vidhyut Vitran Nigam, Limited Khand-3 Azamgarh to file civil suit of recovery against them.

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The present application is said to be not maintainable.

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The admitted due amount was originally Rs.13,87,884 which with interest is said to have reached to the height of about Rs.23 lakhs, which is a quite huge amount.

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As the payment has not been made yet and it is being denied to be deposited in regular installments also which shows the malefide of the applicant for which his criminal liability cannot be denied.

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In my opinion, there is no ground to quash the charge sheet or the cognizance order in Criminal Case No.3434 of 2020, arising out of Case Crime No.177 of 2019 (State Vs. Santosh Kumar Upadhyay) under Sections 420, 406, 504, 506 I.P.C., Police Station Devgaon, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Azamgarh.

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Order Date :- 25.1.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Santosh Kumar Upadhyay v. State of U.P. and Another

Case brief

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Santosh Kumar Upadhyay v. State of U.P. and Another

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