SHYAMNATH SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner has filed this petition, invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, for quashing the first information report registered at police Station Habibganj, Bhopal under Section 420 of IPC and further proceeding thereto.

(2.) The facts, in nutshell, giving rise to this petition are that, on the basis of complaint made by complaint Anil Gupta, an FIR was registered at police Station Habibganj, Bhopal vide Crime No. 524/2010 under Section 420 of IPC against the petitioner.

(3.) According to the prosecution, late Asharani Sharma was having a saving account and FDR in Punjab & Sindh Bank, Shahpura Branch, Bhopal. After the death of Asharani Sharma, a conspiracy has been made to embezzle the amount by making a forged and fabricated document by the petitioner. It is further alleged that petitioner with the connivance of the bank officers included his name in the account of late Asharani. It is further alleged that Asharani appended her signatures but the petitioner somehow showed her signature by thumb. It is also alleged that two accounts were opened in the name of Asharani and Smt. Santosh Sharma whereby both are one lady. Both the accounts are operated by the petitioner by making forged signatures. On the basis of aforesaid allegation, a case under Section 420 of IPC was registered against the petitioner.