Allahabad High Court
Ran Bahadur Mishra vs State Of U.P.& Others on 6 August, 2010
Court No. - 46 Case :- APPLICATION U/S 482 No. - 19822 of 1993 Petitioner :- Ran Bahadur Mishra Respondent :- State Of U.P.& Others Petitioner Counsel :- N.D. Shukla Respondent Counsel :- Anil Kumar Misra,A.G.A. Hon'ble Shri Kant Tripathi,J.
List revised.
Heard Mr. N.D. Shukla for the applicant and the learned AGA for respondent no. 1 and perused the record.
None is present for respondent no.2.
It appears that during the consolidation, a dispute arose between the respondent no. 2 and his brother Balesar and other accused whose particulars have been disclosed in the complaint. A compromise allegedly took place before the Assistant Consolidation Officer. At that time the applicant was Assistant Consolidation Officer. The respondent no.2 filed a complaint with the allegation that his signature was forged on the compromise and the applicant, on the basis of that compromise, passed the order in favour of other accused. The learned counsel for the applicant submitted that the applicant accepted the compromise which were verified by the parties in presence of two members of the village, therefore, he had no option except to pass some order. The applicant had passed the order in exercise of judicial powers, therefore, no case is made out against him but the learned Magistrate, without applying his mind to the facts of the case, mechanically passed the summoning order. The learned counsel further submitted that the respondent no.2 had filed an appeal against the order passed by the applicant, which has already been dismissed and the compromise is still intact.
It appears that the applicant was posted as the Assistant Consolidation Officer and he had acted in discharge of his official duties and passed the order in a bona fide manner on the basis of a duly verified compromise, therefore, the applicant can not be legally held responsible for any forgery, if committed by any accused. In my opinion, no case is made out against the applicant to summon for trial.
The petition under section 482 CrPC is allowed. The order dated 28.3.1987 (Annexure no.3 to the petition) so far as it is against the applicant is concerned, is quashed. Consequently, the proceedings of criminal case no. 2587 of 1990 Muneshwar Vs. R.B. Misra & others, under sections 218/120- B/466 IPC, pending in the court of Additional Chief Judicial Magistrate Ist, Azamgarh against the applicant are also quashed.
Order Date :- 6.8.2010 RKSh