Dismissed¶12

Ramanand Ram v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Mar 2024/2151/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed — charge sheet under Sections 419, 420, 467, 468, 471, 120-B IPC, Case Crime No. 790/2022, P.S. Gomti Nagar, Lucknow; cognizance/summoning order dated 10.10.2023, Criminal Case No. 111296/2023, CJM Lucknow; plea of false implication not examinable under Section 482; limited jurisdiction, no mini trial; C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 relied on; Subhash Vidyarthi, J.; Allahabad High Court, Lucknow Bench; decided 20.3.2024; Neutral Citation 2024:AHC-LKO:24478.

What did the court decide?

The allegations levelled in the F.I.R. clearly make out commission of a cognizable offence by the applicant. ¶10

Ramanand Ram Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:24478

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 2151 of 2024 Applicant :- Ramanand Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shamshad Ahmad,Bushra Siddiqui,Faraz Ahmad,Mohammad Shahzad Ahmad Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shamshad Ahmad, the learned counsel for the applicants as well as Sri Rishikesh Verma, the learned A.G.A. and perused the record.

¶6

By means of the present application under Section 482 Cr.P.C. the applicant has sought quashing of the charge sheet no. 01 dated 30.07.2023 arising out of Case Crime No.790/2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C.,Police Station Gomti Nagar, District Lucknow as well as the cognizance and consequential summoning order dated 10.10.2023 passed by the Court of Chief Judicial Magistrate, Lucknow in Criminal Case No. 111296/2023, on the ground that the applicant has been falsely implicated in the present case.

¶7

The opposite party no.2 had lodged an F.I.R No. 790 of 2022 in P.S. Gomit Nagar, District Lucknow on 18.12.2012 against five persons, including the applicant, who is a junior clerk working in the Lucknow Development Authority (L.D.A) and the complainant, who was working as a Deputy Secretary in L.D.A, lodged the F.I.R stating that a property belonging to L.D.A was wrongly entered in its record in the name of coaccused Ritu Agarwal, although the L.D.A had not executed any transfer deed in her favour. The F.I.R states that the applicant

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had made fake entries in the computer system of the authority in acting under a criminal conspiracy with the other accused persons

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Learned A.G.A. while deciding the application, has submitted that during investigation, the investigating officer has recorded statement of some witnesses, all of whom have stated about the applicant's involvement in commission of offence.

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The allegations levelled in the F.I.R clearly make out a commission of cognizable offence by the applicant. The contention of the applicant is that the allegations levelled are false, cannot be examined by this court while deciding an application under Section 482 Cr.P.C

¶11

The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 holds that while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct a mini trial. It does not require the prosecution/investigating agency to prove the allegations. While exercising the powers under Section 482 of the Cr.P.C the Court has very limited jurisdiction and is required to consider "whether any sufficient material available to proceed further against the accused for which the accused is required to be tried or not".

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In view of the aforesaid discussion, the instant application is dismissed.

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(Subhash Vidyarthi,J.)

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Order Date :- 20.3.2024 Preeti.

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

Ramanand Ram v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Ramanand Ram v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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