VIJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Umesh Vats, holding brief of Sri Amit Kumar Singh, learned counsel for the applicant; Sri K.K. Rao, holding brief of Sri Satya Prakash Srivastava, for the opposite party no.2; and the learned AGA for the State.

(2.) By the present application, under Section 482 Cr.P.C., the applicant has sought for quashing of the proceedings of criminal case no.1595 of 2012, arising out of charge-sheet submitted by the police under Section 420 IPC in case crime no.464 of 2012, police station Kotwali, district Ballia, pending in the Court of Chief Judicial Magistrate, Ballia.

(3.) A perusal of the record reveals that the opposite party no.2 lodged a first information report alleging therein that the applicant Vijendra Singh is working as a registered thekedar (contractor) in the food and civil supplies department of district Ballia. For attaining eligibility to be registered as a thekedar certain formalities are to be completed. One of them is to have a character certificate. It is alleged that in paragraph no.4 of the affidavit filed by the applicant, for obtaining character certificate, it has been falsely alleged by him that he is not an advocate enrolled with the Bar Council when, in fact, he is enrolled as an advocate with enrollment number 1018 of 1972. It was thus alleged that for the purpose of obtaining registration as a contractor, the applicant made a false representation and, as such was guilty of an offence punishable under section 420 IPC. The poilce conducted investigation and laid charge sheet dated 30.06.2012 on which cognizance was taken on 5.7.2012.