RAMDAS TUREHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravindra Pal Singh Kashyap, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government AdvocateI appearing for the Stateopposite party.

(2.) The present application under sec. 482 of the Code of Criminal Procedure, 1973(The Code) has been filed seeking to quash the order dtd. 3/2/2021 passed by Additional District and Sessions Judge, Court No.4, District Hathras in Criminal Appeal No.17/2015 (Ramdas vs. State of U.P. and Others), whereby the application dtd. 18/1/2021 under sec. 391 of the Code filed by the applicant for summoning certain persons as witnesses, has been rejected.

(3.) Pleadings of the case indicate that by means of an order dtd. 28/5/2015, passed by the Additional Civil Judge (Junior Division)Judicial Magistrate, Sadabad, District Hathras, the applicant was convicted and sentenced under Sec. 419 and 420 of the Indian Penal Code(IPC) pursuant to a criminal trial. The trial court while considering the question as to whether the applicantaccused could be held guilty of concealing his original caste while contesting the panchayat elections, has held that though the applicant had misrepresented his caste in the nomination form but he had neither utilized the caste certificate nor had he appended the same alongwith the nomination form. Accordingly, it was held that the charges against the applicant under Sec. 419 and 420 IPC were fully proved but since the applicant did not utilize the caste certificate the charges under Sec. 467, 468 and 471 IPC were not proved and he was acquitted of the said charges.