HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 18223 of 2020 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Sri Anil Kumar Srivastava, learned Senior Counsel, assisted by Sri Ankush Sharma, holding brief of Sri Utkarsh Srivastava, learned counsel for the applicants and learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the entire proceedings of Criminal Case No. 3027 of 2019 (State v. Rajendra Chawla), arising out of Case Crime No. 76 of 2019, under Sections 419, 420, 467, 468 and 471 of IPC, Police Station Nawabad, District Jhansi. 3. The brief fact of the case is that the applicant was having a Retail Outlet of Diesel in the name of M/s. Singh Career at Karari, Jhansi and for the renewal of its license, the applicant completed all the required formalities and thereafter on 19.12.2017 a letter was issued by the Chief Divisional Retail Manager, Indian oil Corporation, Divisional Officer, Kanpur for renewal of the license and pursuant to that on 20.02.2018 the license of the M/s. Singh Career Retail Outlet Karari Jhansi of diesel was duly sanctioned by the District Supplier Officer being a competent authority for the aforesaid purpose and thereafter on 23.02.2018 certain reports under the signature of all the authorities including concern Clerk, Supply Inspector and Area Rationing Officer, Jhansi. In short, allegation against the applicant is that on 20.10.2018, another order for renewal of license of the M/s. Singh Career Retail Outlet Karari, Jhansi was prepared under the Versus Counsel for Applicant(s) : Anil Kumar Srivastava (Senior Adv.), Sunil Kumar Singh, Utkarsh Srivastava Counsel for Opposite Party(s): G.A. Rajendra Singh Chawla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) signature of concern clerk, Area Rationing Officer, District Jhansi namely Manoj Kumar, District Supply Officer Jhansi namely Anoop Tiwari and the District Magistrate, Jhansi namely Shiv Sahai Awasthi and the signature of District Magistrate made thereon is forged and has not been made by the District Magistrate, Jhansi. 4. The learned counsel for the applicant submitted that the applicant is falsely implicated in the present case. He further submitted that the present criminal proceedings has been initiated at the instance of the letter date 30.01.2019 sent by Shri Gurjeet Singh Chawla (Brother of the applicant) who is having enemical terms with the applicant. He further submitted that admittedly neither the applicant was custodian of record nor he has any concern in making any forge signature of the District Magistrate as his license of diesel was duly sanctioned and issued the license of Retail of Diesel by the District Supply Officer himself who was the competent enough to issue the license of Retail Outlet of Diesel. He further submitted that during the investigation, not even a single credible evidence was collected by the Investigating Officer and without conducting fair and proper investigation in the matter, a charge sheet was filed by the Investigating Officer only against the applicant Under Sections 419, 420, 467, 468, 471 I.P.C. on 04.09.2019 and the investigation against the custodian of the record who are accused in the matter namely Anoop Tiwari (District Supply Officer), Manoj Kumar (Area Rationing Officer) and Amit Srivastava (concerned Clerk) was remain pending. On 20.02.2018, an order for issuing license of diesel under the U.P. High Speed Diesel Oil or Light Diesel Oil (Maintenance of Supply and Distribution) Order 1981 was already passed by the District Supply Officer, Jhansi on the recommendation of Area Rationing Officer, Jhansi and concerned clerk, there was no occasion for the applicant to prepare another document for grant of license of diesel. He further submitted that alleged co-accused persons are enjoying their government job as they have reinstated in service even during the pendency of the investigation and the Investigating Agency could not obtain prior permission to persecute them from the concerned department. He lastly submitted that false implication of the applicant only at the instance of his brother Gurjeet Singh Chawala cannot be ruled out and in the circumstances of the present case, continuation of the A482 No. 18223 of 2020 2 present criminal proceedings would amount to abuse of the process of the law and the same is liable to be quashed. 5. Learned AGA for the state opposed the submissions advanced by the leaned counsel for the applicant. He further submitted that the Investigating Officer has submitted charge-sheet after duly investigating the matter. He further submitted that prima facie complicity of the applicant cannot be ruled out in the present case. The complicity of the applicant can be adjudged at this stage. 6. At this juncture, it is inevitable to discuss the legal position pertaining to the matter in hand. Forgery is sine-qua-non of offences under sections 467, 468 and 471 IPC. Preparation of false document or false electronic record or part thereof is condition precedent for offence of forgery. Making of false document is defined under section 464 IPC. The said section 464 demonstrates that a person is said to have made false document if; (a) he executed a document claiming to be someone else or authorized by someone else; or (b) he altered and tempered a document; or (c) he obtained a document by practicing deception or from a person not in control of his faculties. 7. The basic ingredients of forgery are (1) the making of a false document or part of it and (2) such making should be with such intention as is specified in the section, viz, (a) to cause damage or infringe to (i) the public, or (ii) any person; or (b) to support any claim or title; or (c) to cause any person to part with property, or (d) to cause any person to enter into an express or implied contract; or l(e) to commit fraud or that fraud may be committed 8. The condition precedent for an offence under Sections 467 and 471 is forgery. The condition precedent for forgery is making a false document (or false electronic record or part thereof). This case does not relate to any false electronic record. In the present case, no evidence has been taken on record as to show that the applicant has forged the alleged certificate. The applicant is neither the authority to issue certificate nor he is the custodian of the records, so in the circumstances of the present case, prima facie, complicity of the applicant in affixing forged signature cannot be proved. 9. Considering the arguments advanced by the learned counsel for A482 No. 18223 of 2020 3 the parties and perusing the material available on record, the present matter pertains to the affixing forged signature of the District Magistrate on the renewal certificate. On the perusal of the records, it is evident from the page no. 31 of the Paper-book that Since the renewal license was properly approved and renewed the retail diesel license by the District Supply Officer, who was qualified to renew the retail outlet diesel license and the applicant was neither a custodian of records nor he has any concern in making any forge signature of the District Magistrate. On the perusal of the paper-book, it is evident that nothing is on record to show the complicity of the present applicant in forging the signature of the District Magistrate. 10. Considering the circumstances of the present case and the dictum of Hon'ble Supreme Court in Bhajan Lal vs State of Haryana , the case in hand is the perfect example of the malicious prosecution which is initiated with the ulterior motive to unnecessarily harass the applicant. The present case is the fit case for the exercise of inherent power vested in this court under section 482 of Cr.P.C. to avoid abuse of process of law. 11. Accordingly, present application is hereby is allowed. 12. The entire proceedings of Criminal Case No. 3027 of 2019 (State v. Rajendra Chawla), arising out of Case Crime No. 76 of 2019, under Sections 419, 420, 467, 468 and 471 of IPC, Police Station Nawabad, District Jhansi is hereby quashed. February 20, 2026 Akram A482 No. 18223 of 2020 4 (Padam Narain Mishra,J.) Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad