ABDUL NAFEES KHAN Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicants and learned AGA.

(2.) THIS application has been filed praying for quashing of the charge-sheet dated 8. 3. 2007 as well as entire proceedings of Case CBN No. 143/2005, State v. Chunni Lal, arising out of Case Crime No. 126/2005, under sections 409, 420, 467, 468, 471, 120-B IPC, P. S. Pooranpur, District Pilibhit pend ing in the Court of CJM, Pilibhit.

(3.) THE allegations in the FIR lodged by Sri Dharam Singh, Inspector. C. B. CID, Bareilly, on 11. 2. 2005 at P. S. Pooranpur, were that an investigation into an offence under sections 302, 201 IPC was being conducted by C. B. CID, Bareilly Centre. Dur ing the course of investigation it was re vealed that the accused in the case afore said under section 302 IPC etc. homegaurd. Suraj Prasad, was posted at Chowki Dhudhunwai, District Pilibhit, in September, 2003. On 10. 9. 2003, Homeguard Suraj Prasad was absent from his duty, an entry about which was entered by clerk Rajaram at the Chowki Dhudhunwai 'and on 13. 9. 2003 his return was shown. However, the Platoon Commander, Homeguards, prepared the muster roll for September, 2003 and in the said muster roll on the 10th, 11th and 12th of September, 2003 the Company Commander, Puranpur, appli cant Abdul Nafees Khan and applicant Roshan Lal Verma gave their signatures showing the presence of Suraj Prasad on the said date and even forwarded the bill for work payment of Rs. 170/- which was released to Suraj Prasad and in this manner they are said to have entered into a con spiracy with Suraj Prasad to commit this illegal act, because of which Suraj Prasad illegally withdrew an unlawful amount of Rs. 170/- from the Government account.