PINKI GAUTAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State and perused the record.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dtd. 28/3/2018 passed by the Judicial Magistrate Etah rejecting the Discharge Application filed by the applicants in Criminal Case No.3125 of 2016 (State vs. Geeta Devi and another) arising out of Case Crime No.0063 of 2015, under Ss. 419, 420, 467, 468 I.P.C., P.S. Naya Gaon, District Etah, pending before the Additional Civil Judge, Court No. 26 and also quash the revisional order dtd. 22/6/2022, passed by the Additional Session Judge, Court No.1, Etah, in Criminal Revision No.64 of 2018, Smt. Geeta @ Pinki and another vs. State of U.P. and another, on grounds taken in affidavit accompanied with the petition.

(3.) Learned counsel for the applicants submitted that in present case false and fabricated first information report was lodged against the applicants. The applicants filed Criminal Misc. Writ Petition No.18182 of 2015 before this Court for quashing the FIR dtd. 16/7/2015 and the same was disposed of on 30/7/2015, in which this Court had granted stay order in favour of the applicants till submission of charge-sheet. The investigation was done by the Investigating Officer in perfunctory manner and charge-sheet was submitted illegally against the applicants. After filing of charge-sheet, the applicants again filed an application Under Sec. 482 No. 24597 of 2016, which was disposed of on 17/8/2016 with observation that Court below shall proceed in the light of judgment dtd. 8/7/2016 passed in Criminal Misc. Writ Petition No. 15609 of 2016 (Brahm Singh 2 others vs. Sate of U.P. and 2 others). The applicants filed a discharge application under Sec. 239, 227 Cr.P.C. before the Chief Judicial Magistrate, stating therein that Pinki Gautam and Geeta Devi are same person and in support of this contention, the applicants have submitted 24 documents but learned Chief Judicial Magistrate concerned illegally rejected the discharge application without giving any finding, on assumption that charge-sheet has been submitted on 1/7/2016 and the applicants have not appeared before the Court ill date whereas applicants were already appeared before the court concerned through their counsel. The applicants had filed a criminal revision before court of session against the order of learned Magistrate rejecting their discharge application. However, the said criminal revision has also been dismissed vide order dtd. 22/6/2022 by Additional Session Judge, Court No.1, Etah. No case is made out against the applicants under Sec. 419, 420, 467, 468 I.P.C. on the basis that applicant No.1 is still working as Anganbadi Worker, posted in village Nagla Mai, Village Panchayat Ubhai Asad Nagar, Block Aliganj, District Etah. Applicants are innocent and falsely implicated in the case.