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2006 Supreme(All) 1459

K.N.SINHA
MUSHTAQ AHMED – Appellant
Versus
MOLVI HAFIZUR REHMAN – Respondent


Advocates appeared:
M.S. Ansari and N.S. Dixit for the Applicant; R.P. Yadav for the Opposite Parties.

JUDGMENT

Hon’ble K.N. Sinha, J.—By means of the present application under Section 482, Cr.P.C, the applicant has prayed for quashing of order dated 29.10.2003 passed by the Sessions Judge (Fast Track Court No. 1), Mau and also prayed for directing the Court below to cancel the bail of opposite party Nos. 1,2 and 3, which has been granted on 27.1.2003 by the Chief Judicial Magistrate, Mau in case No. 352/1991 under Sections 406,409,467,468 and 471, IPC police station Kotwali District Mau. It was further prayed that opposite parties Nos. 1, 2 and 3 be directed to surrender before the concerned Court in compliance with the order dated 20.9.2002 and apply for regular bail.

2. The brief facts, giving rise to the present petition, are that applicant was a teacher in Madarsa Faiz-Aam at Mau since 1974. In the year 1985, he proceeded on leave to get higher education in Saudi Arabia and returned back in the year 1988. When he joined his duties, he learnt that in his absence, his salary and allowances for the above period had been drawn by opposite parties Nos. 1,2 and 3 from the Government fund by forging his signature. Consequently, a complaint No. 352/1991 was filed in the Court of Chief









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