LAWS(ALL)-2006-12-82

FURKAN Vs. STATE OF U P

Decided On December 01, 2006
FURKAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The abovenoted applications under Section 482 Cr. P. C. are being dealt with together because they are interconnected.

(2.) ONE Farman, who ran a firm by the name of F. M. Traders in the Town of Dadri, Gautam Budh Nagar was murdered on 24-4-2004. Seven persons are being prosecuted for the murder. The uncle of one of the accused Niaz Ahmad lodged an F. I. R. on 6-3-2005 at P. S. Dadri, Gautam Budh Nagar that some persons had fraudulently withdrawn money from the accounts of deceased Farman after his death. The police started investigation and concluded after investigation that through two cheques an amount of Rs. 41,31,025 was withdrawn from the account of Farman from the banks by the applicants and the signatures of the deceased were forged and filed charged sheet (Case Crime No. 112 of 2005) under Sections 419, 468, 471, 120-B I. P. C. against the applicants in the Court of Chief Judicial Magistrate, Gautam Budh Nagar.

(3.) THERE is no such material on the record, on the basis whereof, it may be said that no case is made out against the accused, and their prosecution, will amount to an abuse of the process of Court. The issues raised are mainly related to the facts and evidence in the case and do not justify any interference by the High Court.