Court No. - 64

Case :- APPLICATION U/S 482 No. - 39127 of 2022

Applicant :- Umesh And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Aishwarya Pratap Singh

Counsel for Opposite Party :- G.A.,Tabrez Ahmad,Vibhu Rai

Hon'ble Saumitra Dayal Singh,J.

1. Heard Sri Manish Tiwari, learned Senior Advocate, assisted

by Sri Aishwarya Pratap Singh, learned counsel for the

applicants, Sri Tabrez Ahmad, learned counsel for the opposite

party no. 2, learned A.G.A. for the State and Sri Vibhu Rai,

Advocate, who has intervened on behalf of Subodh Kumar,

claiming himself to be the owner of the property in dispute.

2. The present 482 Cr.P.C. application has been filed to quash

the charge sheet dated 15.11.2021 arising out of Case No.

23260 of 2021; State Vs. Umesh Kumar and others, arising out

of Case Crime No. 479 of 2020, under Sections 420, 467, 468,

471, 504, 506 IPC, Police Station Bannadevi, District Aligarh,

pending before the Court of Chief Judicial Magistrate, Aligarh.

3. Submission of the learned counsel for the applicants is, the

FIR was lodged by Munnalal Pachauri, Security Officer of M/s

Tiger Products Private Limited disclosing an offence allegedly

committed on him and not the property on which he was posted.

Since the said Munnalal Pachauri and the present applicants

have entered into a settlement agreement, wherein, it has been

recognized by both sides that no real incident took place, hence

prosecution be quashed. As to the further allegations contained

in the FIR, it has been submitted that those are wholly vague

and do not comprise completed offence, as alleged.

4. Sri Tabrez Ahmad, would agree to the submissions advanced

by the learned senior counsel for the applicants.

5. Sri Vibhu Rai, learned counsel for the intervenor would

submit, ingredients of the other offence came to be considered

during investigation and relevant documents described as

license deed have been considered and found to be fake or such

as may contain forged signatures of the intervenor, Subodh

Kumar. Therefore, charge sheet has been submitted amongst

others alleging commission of offence under Sections 467, 468

and 471 IPC. That offence description has no bearing with

Munnalal Pachauri. Infact that offence is on the intervenor,

Subodh Kumar.

6. In any case, earlier, the applicants had approached this Court

by means of Application u/S 482 No. 13991 of 2022 which

came to be disposed of vide order dated 1.9.2022. Therefore,

the present application is stated to be second application with

respect to offence under Sections 467, 468 and 471 IPC.

7. Be that as it may, at present it does appear that investigation

has been completed and charge sheet has been submitted,

wherein, certain material exists with respect to offence alleged

under Section 467, 468 and 471 IPC. Prima facie, these would

be offences with respect to property over which the intervenor,

Subodh Kumar claims title and the parties are in civil dispute

with respect to the same.

8. Since at the stage of submission of charge sheet, the

ingredients of offence as alleged are prima facie complete and

there is no material brought before this Court to reach the

opposite conclusion, no good ground exists to offer any

interference at this stage. The applicants are already on bail. It

is left open to them to seek discharge at the appropriate stage

wherein all case diary material may be considered by the

learned court below. Leaving that course open, interference is

declined, accordingly, application is dismissed.

Order Date :- 23.1.2023

SA

Digitally signed by :-

SALMAN ALI

High Court of Judicature at Allahabad