MOHD KAIF ALIAS KAIF MALIK v. STATE OF U.P. AND ANOTHER
A482/32788/2024 · 2025-03-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101010 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101010 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38598 Court No. - 74 Case :- APPLICATION U/S 482 No. - 32788 of 2024 Applicant :- Mohd Kaif Alias Kaif Malik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitabh Patel Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. The instant application u/s 482 Cr.P.C. has been preferred with following prayer:-
"i) to allow this application and quash the impugned charge sheet dated 12.12.2023 as well as the entire proceeding of case no. 375/2024 (State Vs. Mohd Kaif @ Kaif Malik) and the impugned cognizance and summoning
order dated 23.5.2024 u/s 419, 468, 471 I.P.C. and section 35 of Aadhaar Card Act, 2016, arising out of Case Crime No.-283/2023, under sections 419, 468, 471 I.P.C. and section 35 of Aadhaar Card Act, 2016, P.S.- Simbhawali, District-Hapur and further be pleaded to stay the impugned charge sheet dated 12.12.2023 as well as the further proceeding of case no. 375/2024 (State Vs. Mohd Kaif @ Kaif Malik) and the impugned summoning order dated 23.5.2024, arising out of Case Crime No.- 283/2023, under sections 419, 468, 471 I.P.C. and section 35 of Aadhaar Card Act, 2016, P.S.-Simbhawali, District-Hapur, pending in the court of Judicial Magistrate, Room-2, Ghar Mukteshwar, Hapur, during the pendency of the aforesaid application."
3. The instant matter is related to misuse of fake aadhaar card prepared at the behest of the applicant himself by way of putting fake I.D. of aadhaar card before a hotel on 03.07.2023 and this practice has been informed by informant whereupon investigation has been culminated into preferring charge sheet against the applicant, whereupon cognizance has been taken up by learned court concerned on the basis of the material evidence collected during investigation which are part of the case diary. Through the instant petition, charge sheet dated 12.12.2023 along with summoning order dated 23.05.2024 has been put under challenge on various other grounds, inter-alia precisely on the ground that the informant is not the aggrieved person, if in any case a fake aadhaar card has been used, since it is the fake aadhaar card of the applicant himself and the same has been misused and as such the grievance whatsoever may be arise that will be pertained to the applicant only and not to any other person.
4. The grounds taken up by learned counsel for institution of the present petition is not tenable in the eye of law, since misuse of identification through fictitious aadhaar card is the crime which attracted Sections 419, 468, 471 I.P.C. and Section 35 of Aadhaar Card Act, 2016, which is by and large crime against the society at large and as such there is hardly any infirmity in the order dated 23.05.2024 which enable the court to interfere in the same.
5. In view thereof, the instant application u/s 482 Cr.P.C. lacks merit and is hereby dismissed.
Order Date :- 18.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad