The main legal point established in the judgment is that the court cannot consider disputed facts or the accused's defense at the discharge application stage. The court must focus on the prima facie case based on the material on record.

JUDGMENT :

1. Heard learned counsel for the applicants and learned AGA for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the order dated 28.3.2018 passed by the Judicial Magistrate Etah rejecting the Discharge Application filed by the applicants in Criminal Case No.3125 of 2016 (State vs. Geeta Devi and another) arising out of Case Crime No.0063 of 2015, under Sections 419, 420, 467, 468 I.P.C., P.S. Naya Gaon, District Etah, pending before the Additional Civil Judge, Court No. 26 and also quash the revisional order dated 22.6.2022, passed by the Additional Session Judge, Court No.1, Etah, in Criminal Revision No.64 of 2018, Smt. Geeta @ Pinki and another vs. State of U.P. and another, on grounds taken in affidavit accompanied with the petition.

3. Learned counsel for the applicants submitted that in present case false and fabricated first information report was lodged against the applicants. The applicants filed Criminal Misc. Writ Petition No.18182 of 2015 before this Court for quashing the FIR dated 16.7.2015 and the same was disposed of on 30.7.2015, in which this Court had granted stay order in favour of the applicants till submission of charge-sheet. The investigation was done by the Investigating Officer in perfunctory manner and charge-sheet was submitted illegally against the applicants. After filing of charge-sheet, the applicants again filed an application Under Section 482 No. 24597 of 2016, which was disposed of on 17.8.2016 with observation that Court below shall proceed in the light of judgment dated 8.7.2016 passed in Criminal Misc. Writ Petition No. 15609 of 2016 (Brahm Singh others vs. Sate of U.P. and others). The applicants filed a discharge application under Section 239, 227 Cr.P.C. before the Chief Judicial Magistrate, stating therein that Pinki Gautam and Geeta Devi are same person and in support of this contention, the applicants have submitted 24 documents but learned Chief Judicial Magistrate concerned illegally rejected the discharge application without giving any finding, on assumption that charge-sheet has been submitted on 1.7.2016 and the applicants have not appeared before the Court ill date whereas applicants were already appeared before the court concerned through their counsel. The applicants had filed a criminal revision before court of session against the order of learned Magistrate rejecting their discharge application. However, the said criminal revision has also been dismissed vide order dated 22.6.2022 by Additional Session Judge, Court No.1, Etah. No case is made out against the applicants under Section 419, 420, 467, 468 I.P.C. on the basis that applicant No.1 is still working as Anganbadi Worker, posted in village Nagla Mai, Village Panchayat Ubhai Asad Nagar, Block Aliganj, District Etah. Applicants are innocent and falsely implicated in the case.

4. In the present case, no role has been assigned to accused-applicant No.2, who is husband of applicant No.1. An enquiry was conducted by District Programming Officer, Etah about applicant No.1, in which it was found that opposite party No.2 has filed false complaint against applicant No.1, prompted by ulterior motive and in that enquiry it has also been found that Pinki and Geeta are same person and complaint of opposite party No.2 was rejected. A copy of enquiry report is filed with the affidavit in the present case. Applicant No.1 had never taken admission in D.A.V. Inter College, Aligarh and her school leaving Certificate of that school is a fake document, fabricated by opposite party No.2 in the name of Geeta Kumari, in which date of birth of applicant No.1 is 7.3.1982. Father of applicant No.1 also submitted affidavit before S.S.P., Etah, wherein he has stated that he is blessed with three sons namely, Anoop, Amit Kumar, Abhishek and three daughters namely, Pinki Gautam @ Geeta, Rinki and Rashmi. District Programming Officer, Etah has reported to District Magistrate, Etah by letter date