SURESH SAHI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. for quashing the proceedings of complaint case no. 1114 of 2005, State through Sri Rakesh Kumar, S.D.M. Deoria versus Suresh Sahi and another under sections 193,419,420,467,468, and 471 I.P.C.

(2.) The facts relevant for disposal of this application are that a case under section 107/116 Cr.P.C. was pending in the court of Sri Pankaj Kumar, S.D.M. Deoria against applicant no.2 Kaushal and in that case he filed bail bonds executed by Suresh Sahi, applicant no.1. Thereafter an application was moved by Nagesh Pratap Dubey (first party in that case) in the court of S.D.M. Deoria on 7-3-2005, (which is Annexure no. 1 of the affidavit filed in support of the application under section 482 Cr.P.C.). It was stated therein that Suresh Sahi had filed Jot Bahi of deceased Shyam Badan impersonating himself as Shyam Badan affixing his own photo in place of Shyam Badan on the bond. It was further stated that in this way Suresh Sahi and Kaushal had committed fraud with the court and they had committed an offence punishable under sections 193, 419, 420,467 and 468 I.P.C. and so action should be taken against them. On that application learned S.D.M. got the matter enquired into, and a report was received from Revenue Inspector, Lekhpal and Tahsildar that Shyam Badan had died on 28-2-2000 and the photo which was affixed on the bail bonds purporting to be of Shyam Badan was actually the photograph of Suresh Sahi. On the basis of this report Sri Pankaj Kumar, S.D.M. Deoria prepared a complaint against Suresh Sahi and Kaushal under sections 193,419,420,467,468 I.P.C. and filed it in the court of Chief Judicial Magistrate, Deoira where it was registered as criminal case no. 1114 of 2005. The Chief Judicial Magistrate took cognizance on this complaint and summoned the accused applicants. The accused applicants moved this application under section 482 Cr.P.C. for quashing of this order passed by the Chief Judicial Magistrate.

(3.) I have heard learned counsel for the applicant and the learned A.G.A. for the State.