Neutral Citation No. - 2023:AHC-LKO:55972

A.F.R.

Judgment reserved on 08.08.2023

Judgment delivered on 22.08.2023

Court No. - 16

Case :- APPLICATION U/S 482 No. - 7251 of 2023

Applicant :- Alka Ray

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home

Counsel for Applicant :- Pranjal Krishna

Counsel for Opposite Party :- G.A.

Hon’ble Subhash Vidyarthi J.

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.

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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, 120-

B, 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 wa