KARUNESH SINGH PAWAR
Gaurav Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The petition has been filed under Section 482 CrPC for quashing order dated 28.7.2022 passed by Addl. district & Sessions Judge, Court No.5, Hathras in S.T. No.216 of 2019 State versus Yogesh Baghel and others and the further proceedings thereof, arising out of Case Crime No.126 of 2019 under sections 307, 147, 148, 149, 120-B I.P.C., P.S. Hathras Kowali, district Hathras.
2. Heard Mr. Vibhu Rai, learned counsel for the petitioner and learned A.G.A. for the State as also Mr. Sanjay Kumar Dubey, learned counsel for respondent No.2 who has submitted that he does not want to file any counter affidavit. Both the parties' counsel state that the matter may be finally decided.
3. Learned counsel for the petitioner submits that the petitioner is presently working as Assistant Clerk in Seth Harijan Das Girls Inter College, Hathras (to be hereafter referred to as 'college'). The injured Madan Mohan Gautam was also working as Clerk at that time in the college.
It is submitted that regarding forgery committed by the injured in his two appointment letters, a complaint was filed by the applicant to the District Magistrate, Hathras, on which a reply was called from the Manager. Thereaft
The main legal point established in the judgment is that the accused can be prosecuted for forgery even if they were not the direct signatories of the false document, as long as they were involved in....
The prosecution failed to establish a prima facie case of forgery or misappropriation against the petitioner, leading to the quashing of all proceedings.
Stage of taking of cognizance of the offence and issuing process, and the stage when the charge is to be framed against the accused or alternatively the accused is to be discharged are different stag....
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