Allahabad High Court
Deepak Verma vs State Of U.P.And Another on 18 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:9479 Court No. - 91 Case :- APPLICATION U/S 482 No. - 43074 of 2023 Applicant :- Deepak Verma Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vivek Tiwari,K.S. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for applicant, learned Additional Government Advocate for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.06 of 2023 (State Vs. Ashok Kumar and others) under Section 419, 420 of IPC arising out of Case Crime No. 26 of 2021, Police Station Maudaha, District Hamirpur pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Maudaha, Hamirpur as well as the cognizance order dated 20.09.2023 and 05.10.2023 passed in the aforesaid case.
It is submitted by learned counsel for the applicant that applicant is a computer operator. The entire amount has been deposited by Mr. Ratnesh Singh, who was in-charge of Block Development Officer, therefore, he was reinstated to the service. During the investigation the Investigating Officer concluded that the relevant record which reported to be lost and FIR was lodged is not verified. He concluded the investigation against the applicant under Sections 419, 420 of IPC and deleted the Sections 467, 468, 471 of IPC. The chargesheet was challenged by the applicant before this Court. The summoning order was quashed directing the learned court to pass afresh order but even after on the same pattern the cognizance order has been passed. It is also submitted that since the applicant was computer operator therefore, his duty was limited to receive the details and to fit it in the computer.
It is further submitted that there is no evidence of involvement of applicant in the crime. No case is made out against the applicant. It is submitted that order impugned is perversed and suffers from manifesto error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.
Per-contra, learned AGA opposed the prayer and submitted that even during the departmental enquiry the applicant was found to be involved in transfer of the money relating to 21 Govt. residential under the scheme of Pradhanmantri Awas Yojna. He further submitted that the cognizance order has been passed after considering the evidence available on record, therefore, the present application deserves to be dismissed.
Considering the facts and circumstances of the case and after going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated 20.09.2023 and 05.10.2023 is refused.
However, it is provided that in case the applicant applies for bail within a period of 30 days from today, his application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.
For a period of 30 days or till the applicant surrenders and applies for bail, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 18.1.2024 Mohit