LAWS(ALL)-2007-2-53

AJEET SINGH Vs. STATE OF U P

Decided On February 01, 2007
AJEET SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. Counterfeit stamps and stamp papers worth more than half a million were recovered from five persons in Ghaziabad. They were arrested and their interrogation revealed that a factory prepares counterfeit stamp and stamp papers was being run by the applicant and his brother co-accused Vinod. The police raided the premises on the pointing out of two co-accused Smt. Manju Sharma and Kishan at Agra and various implements and appliances for preparing counterfeit stamps and stamp papers were found there and it was revealed by the aforesaid two co-accused Smt. Manju and Kishan that the applicant and his brother co-accused Vinod were engaged in the preparation of counterfeit stamp and stamp papers in his premises. The applicant and his brother co-accused Vinod were arrested and against them and charge against them has been framed by the Trial Court/ Additional Sessions Judge, Court No. IV Ghaziabad.

(2.) THE contention of the applicant is that the charge framed is erroneous on the following counts and the order framing charge be quashed in these proceedings (in S. T. No. 1722 of 2000) under Section 482 Cr. P. C. : (I) That the charge mentions that applicant ran away, while the applicant was actually not present on the spot, when police arrived at the premises. (II) That nothing was recovered from the applicant was while the charge so stated. (III) That taking the worst scenario, the only charge which could be framed against the applicant under Section 120-B I. P. C.