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2020 DAILYLAW 1537 (ALL)

RAMESH CHANDRA UPADHYAY v. STATE OF U.P. AND ANOTHER

A482/16204/2020 · 2026-03-18

Padam Narain Mishra

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 16204 of 2020 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard learned counsel for the applicant, Sri Mahendra Kumar Sharma, learned counsel for opposite party no. 2 and learned A.G.A. for the State. 2. The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 645 of 2019, arising out of Case Crime No. 71 of 2019, under Sections 419, 420, 467, 468, 120B I.P.C. P.S. Lalganj, District Mirzapur, pending in the Court of Judicial Magistrate, Mirzapur. 3. Learned counsel for the applicant submitted that complainant is the second wife of Suresh Kumar VIshwakarma. He has also submitted that she was earlier married to Mr. Saarnath and without legally separating or obtaining divorce decree she was living with Suresh Kumar Viswakarma. He further submitted that proceedings against the co-accused Daya Shankar Vishwakarma has already been quashed by the co-ordinate Bench of this Court vide order dated 16.07.2024, which is quoted as under:- "Allegations in the present case against applicants are that they have committed forgery in the Family Register by deleting name of complainant as wife of late Suresh Kumar and for that an F.I.R. was lodged and after investigation, charge-sheet was filed not only against concerned officer, but against its beneficiary also. Learned counsel for applicants submits that corrections made in the Family Register were on basis of an order dated 28.10.2018 passed by Sahayak Vikas Adhikari, Mirzapur with a specific observation that in case anybody is aggrieved, he or she could challenge it by way of filing an appeal. For Versus Counsel for Applicant(s) : Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A., Mahendra Kumar Sharma Ramesh Chandra Upadhyay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) reference, aforesaid order in its entirety is reproduced hereinafter: 4. Admittedly, no one has challenged the aforesaid order including complainant, neither said fact was taken note of during investigation nor held by Magistrate and since entries were made on basis of an order as referred above, which was never challenged in appeal or otherwise, as well as there is no allegation that said document itself is a forged document, therefore, conclusion drawn by Investigating Officer that accused persons have committed forgery has no legal basis. 5. Accordingly, Court is of the opinion that no case is made out against any of the accused persons. 6. Accordingly, entire proceedings of Criminal Case No. 645 of 2019, arising out of Case Crime No. 71 of 2019, under Sections 419, 420, 467, 468, 120B I.P.C. P.S. Lalganj, District Mirzapur, pending in the Court of Judicial Magistrate, Mirzapur are hereby quashed. However, complainant is at liberty to challenge the above referred order in accordance with law. 7. With aforesaid observations/direction, this application is disposed of. March 19, 2026 Israr A482 No. 16204 of 2020 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad