Monu Verma and 4 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Monu Verma and 4 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge sheet dated 25.11.2019, the cognizance/summoning order dated 16.01.2020, the order dated 08.02.2023 and the entire proceeding of Case No. 290 of 2020 (Case Crime No. 497 of 2018, Sections 420/506 IPC, P.S. Babugarh, District Hapur) ought to be quashed under Section 482 Cr.P.C. +2 more

Court's answer

From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants; the learned Magistrate has rightly summoned the applicants in the aforesaid case.

Ratio / Principle

The reliance placed upon the judgment of the Apex Court in K. Vadivel (Supra) is not applicable in the present case.

Key takeaways

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.ratio¶10
In the light of the Apex Court judgments in R.P. Kapur, Manik B., State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd., no ground for quashing the proceedings of the aforesaid case is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), by order dated 1.8.2025 in Application U/S 482 No. 30418 of 2024 (Neutral Citation 2025:AHC:129098), dismissed the application of Monu Verma and 4 others seeking quashing of the charge sheet dated 25.11.2019, the cognizance/summoning order dated 16.01.2020, the impugned order dated 08.02.2023 of the Judicial Magistrate 1, District-Hapur (by which the Magistrate allowed the informant's application and directed the Investigating Officer to further investigate against accused Abhinav Shukla and Pooja), and the entire proceeding of Case No. 290 of 2020 arising out of Case Crime No. 497 of 2018, under Sections 420, 506 IPC, P.S. Babugarh, District Hapur. Held: (i) at this stage it cannot be said that no offence is made out against the applicants and the Magistrate rightly summoned them; (ii) the reliance placed on K. Vadivel v. K. Shanthi (AIR 2024 SC 5064) is not applicable; (iii) the applicants are not aggrieved by the further-investigation order, which concerned accused who are not the applicants; (iv) all submissions relate to disputed questions of fact not adjudicable under Section 482 Cr.P.C.; and (v) in the light of R.P. Kapur, Manik B., Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical, no ground for quashing warranting interference through inherent power was made out.

Neutral Citation No. - 2025:AHC:129098

Court No. - 72

Case :- APPLICATION U/S 482 No. - 30418 of 2024

Applicant :- Monu Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Haris Khan,Rafiqa Anees Khan Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the Charge Sheet dated 25.11.2019;cognizance/summoning order dated; impugned order dated 08.02.2023 passed by the learned Judicial Magistrate 1, District-Hapur 16.01.2020 as well as entire proceeding of Case No 290 of 2020 arising out of Case Crime No. 497 of 2018, under Sections 420,506 of I.P.C, Police StationBabugarh, District Hapur.

Instant application has been filed against the impugned order dated 08.02.2023 by which the learned Magistrate has allowed the application of the informant directing the Investigating Officer to further investigate the matter against the accused Abhinav Shukla and Pooja. Counsel for the applicant has challenged this order taking reference of the judgment of Apex Court passed in K. Vadivel Vs. K. Shanthi and others AIR 2024 SC 5064. It is next submitted that the order of further investigation by the learned Magistrate is without application of judicial mind and informant has opportunity to file protest petition. The Investigating Officer has not collected any material evidence against the applicants to prosecute them in the present case. Instant proceedings is malicious and is liable to be quashed.

Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that the I.O. had submitted charge sheet with observation that whereabouts of accused, Abhinav Shukla and Pooja, could not be collected, therefore, no material evidence collected against them. The learned Magistrate directed the I.O. to further investigate the matter with regard to accused Abhinav Shukla and Pooja, who are not the applicant in the present case.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The reliance placed upon the judgment of Apex Court in K. Vadivel (Supra) is not applicable in the present case. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The applicants are not aggrieved by the order dated 08.02.2023. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C.

The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

Order Date :- 1.8.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad