Allahabad High Court
Nishant Kumar vs State Of U.P. And Another on 28 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:151534 Court No. - 92 Case :- APPLICATION U/S 482 No. - 14439 of 2023 Applicant :- Nishant Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Pankaj Kumar Srivastava, the learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 19.02.2022 as well as cognizance / summoning order dated 28.09.2022 and the entire Criminal proceedings of Case No. 2242 of 2022 (State vs. Nishant Kumar and others), arising out of Case Crime No. 400 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Banda, District Shahjahanpur, pending in the Court of Civil Judge (Junior Division) / Judicial Magistrate, Shahjahanpur.
3. Learned counsel for the applicant submits that the applicant has applied for recruitment in the Army, he was selected and was undergoing training.During the character verification sought by the Army from the District Magistrate concerned, one letter no. 2158/JA20219(SVR)442/21 dated 28.01.2021 was submitted allegedly through the office of the District Magistrate, however during the verification of the said certificate, the recruitment officials found difference in the seal and signature on the said character verification certificate issued by the District Magistrate. Thereafter on 05.06.2021, the Army officials wrote a letter to the concerned District Magistrate for verification of the said character verification certificate. On verification of the same through office of the Superintendent of Police and the circle Officer, the said character verification certificate dated 28.01.2021 was found forged. On the basis of the same, an FIR No. 400 of 2021 was registered on 30.06.2021 against the applicant and six other persons, who were also equally involved in the said forgery. In pursuance of said case crime number, the investigation was done by the police and the charge sheet has been filed on 19.02.2022 and the learned Magistrate took cognizance of the offence and summoned the accused persons and the the applicant herein.
4. Learned counsel for the applicant further submits that it was only the domicile certificate issued to him, which has been alleged as forged and in support thereof, the applicant has filed various documents including the Aadhar Card issued in favour of the father of the applicant, Aadhar Card of parents of the applicant, Voter ID of the applicant as well as his parents and the copy of the bank account, wherein the address of the applicant is mentioned as same as has been mentioned in the domicile certificate. Learned counsel for the applicant has further submitted that the applicant has not committed any forgery and he has been falsely implicated and, therefore, he prays for quashing of the entire criminal proceedings initiated against him.
5. The learned AGA appearing for the State submits that it is not only domicile certificate issued to the applicant but the character verification certificate dated 28.01.2021, which has been alleged to have been issued by the office of the District Magistrate, which has been found forged as the seal and signature on the said character verification certificate have been found different from the official seal and signatures of the District Magistrate, therefore, the instant prosecution has been lodged.
6. Looking to the controversy involved in the instant case, this Court does not find any good ground to entertain the instant application under Section 482 Cr.P.C. to quash the criminal proceedings. It cannot be said that there is no material available to prosecute the applicant.
7. In view of the aforesaid, the instant application under Section 482 Cr.P.C. filed by the applicant is dismissed.
Order Date :- 28.7.2023 Ashish Pd.