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2023 Supreme(All) 988

IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI J.
Alka Ray – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home – Respondent
Application U/S 482 No.7251 of 2023
Decided on : 22-08-2023

Advocates:
Advocate Appeared:
For the Appellant : Pranjal Krishna

Headnote:

Indian Penal Code,1860 - Sections 419, 420, 467, 468 and 471 - Criminal Procedure Code,1973 - Section 161 and 482 - Offence of Cheating – Forgery of valuable security - Charged - Challenged – Held, Law regarding approach to be adopted by court while considering an application for discharge of accused persons under Section 227 and approach while framing charges under Section 228 of Code, is that while considering an application for discharge of accused under Section 227 of Code, Court has to form a definite opinion, upon consideration of record of case and the documents submitted therewith, that there is not sufficient ground for proceeding against the accused - While framing charges, Court is not required to form a definite opinion that the accused is guilty of committing an offence - Application dismissed.

JUDGMENT :

1. Heard the arguments of Sri Pranjal Krishna, the learned counsel for the applicant, Sri Shiv Nath Tilhari, the learned AGA-I for the State and perused the records.

2. By means of instant application filed under Section 482 Cr.P.C, the applicant has assailed validity of the order dated 28.02.2023 passed by the learned Additional Chief Judicial Magistrate Court No. 19, Barabanki, whereby her application for discharge has been rejected. The applicant has also challenged the order dated 22.06.2023 passed by the aforesaid Court framing charges against her under Sections 419, 420, 467, 468 and 471 I.P.C.

3. On 02.04.2021, a First Information Report bearing Case Crime No. 0369 of 2021 was lodged by the Assistant Regional Transport Officer in Police Station Kotwali Barabanki Under Sections 419, 420, 467, 468 and 471 IPC alleging that an ambulance bearing registration number UP41 AT 7171 was registered with the Transport Department Barabanki on 21.12.2013, in the name of the applicant, showing her address to be 56, Rafi Nagar, Barabanki, claiming that the ambulance will be used for transporting the patients of Shyam Sanjeevani Hospital and Research Centre Private Limited, National Highway 24, GT Mau. The applicant had produced a photo copy of her voter identity card showing the aforesaid address, which turned out to be false and forged as it was found that there was no house bearing No. 56 in Rafi Nagar. There is a house No. 56 in neighboring Abhay Nagar, wherein one Pradeep Mishra resides for the past several years.

The F.I.R. alleges that the registration of the ambulance was done on the basis of forged documents.

4. After investigation, a charge-sheet dated 04.07./2021 has been submitted against seven accused persons, including the applicant, for commission of offences under Sections 419, 420, 467, 468, 471, 120B, 177 and 506 I.P.C. and Section 7 of the Criminal Law (Amendment) Act, 1932. However, the applicant has challenged the order framing charges under Sections 419, 420, 467, 468, 471 I.P.C. only.

5. The applicant has approached this Court challenging the order rejecting her application for discharge, although a copy of the application has not been brought on record from which the contents of the application could be gathered.

6. In the order dated 28.02.2023, rejecting the discharge application, the learned Additional Chief Judicial Magistrate, Court No. 19, Barabanki has recorded that it has been stated in the discharge application that the FIR makes a mention of Section 55 (5) of the Motor Vehicle Act 1988 whereas the Regional Transport Officer has no authority to lodge a report in case of violation of the aforesaid provision and it contains a provision for cancellation of the registration after giving an opportunity of hearing to the registered owner of the vehicle.

7. The State has filed a counter affidavit stating that a news item was published in various newspapers, that a co-accused person Mukhtar Ansari had gone to appear before a Court in Punjab in an ambulance registered in District Barabanki. Upon seeing this, the Inspector-in-charge of Police Station Kotwali Nagar, Barabanki, sent a letter dated 01.04.2021 to the Assistant Regional Transport Officer, Barabanki, enquiring about the details of registration of the ambulance. The Regional Transport Officer sent a letter to the Sub-divisional Magistrate Nawabganj, Barabanki, informing that the ambulance was registered in the name of the applicant and as proof of her address she had submitted a copy of her voter identity card. It was found that the voter identity card submitted by the applicant for registration of the Vehicle, was forged. The application for registration was accompanied by a letter issued on a printed letterhead of Shyam Sanjeevani Hospital and Research Centre Private Limited, National Highway 24 G.T., Mau, stating that the ambulance will be used for transport of patients without any fee.

8. A copy of the statement of the applicant recorded under Sec

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