Neutral Citation No. - 2025:AHC:88053 Court No. - 87 Case :- APPLICATION U/S 482 No. - 37346 of 2024 Applicant :- Ramesh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Sarwar Khan Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Mohd. Sarwar Khan, learned counsel for the applicant, Sri Chandra Shekhar Saran, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash summoning order dated 10.01.2023 and the entire proceedings of Criminal Complaint Case No.311 of 2021 (Sajan Dubey vs. Awadhesh Kumar and others), under Section 420, 467, 468, 471 IPC read with Section 120B IPC, Police Station-Newadhiya, District-Jaunpur pending in the Court of Civil Judge (S.D.)/F.T.C., Jaunpur. 3. In the instant matter, applicant herein is Lekhpal and a complaint has been lodged by O.P. no.2 on 13.06.2018 alleging therein that the applicant misusing his office has distributed the crops relief fund to the people who were not eligible. After departmental enquiry it was found that money was given to somebody else. Thereafter, it is claimed by the applicant that he has taken back the money from those people and submitted back in the treasury. However, the application u/s 156(3) Cr.P.C. preferred by O.P. no.2 was rejected vide order dated 13.09.2018. Being aggrieved, O.P. no.2 assailed the same by filing a criminal revision and the revisional court vide order dated 07.07.2020 has remanded back the matter to the trial court for fresh consideration of the application. Thereafter, vide order dated 01.09.2020 the trial court has treated the application u/s 156(3) Cr.P.C. as complaint case and after adducing evidence, summoning order has been passed on 10.01.2023, which has been assailed in this application. 4. Learned counsel for the applicant submitted that the impugned summoning order has been filed without application of judicial mind. He submitted that the applicant is a government employee and O.P. no.2 has no locus to file complaint against him. He further submitted that for prosecution of the applicant no prior sanction was obtained as per the provisions of Section 197 Cr.P.C., hence the entire proceeding is contrary to the provision of law and is liable to be set aside. He submitted that the applicant is innocent persons and he has no criminal history. He further submitted that the court below has utterly failed to consider that no prima facie case is made out against the applicant. 5. Per contra, learned A.G.A. vehemently opposed the application and contended that applicant has distributed the crops relief fund to wrong people who were not eligible and there is no illegality in the summoning order passed by the court below. He also pointed out due to non appearance of the applicant before the trial court, NBW has also been issued against him on 08.04.2024, however the same has not been challenged in this application. He submitted that the applicant himself admitted that he took back the distributed amount and submitted it in the treasury, which only goes to show that there was commission of alleged offence by him. He further submitted that the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings. 6. Heard the submission advanced by learned counsel for the parties and perused the record. 7. It is undoubtedly true that the crops relief fund has been distributed by the applicant, who is Lekhpal, to the persons who were not entitled for the same. In the departmental enquiry, it was found that the said distribution was not fair and correct. However, the applicant got the money back from those people and deposited the same in the treasury. O.P. no.2 moved an application u/s 156(3) Cr.P.C. with allegation against the applicant, which was rejected by the court below. Further, when the matter was remanded back to the trial court by the revisional court, the same was treated as complaint case and thereafter, summoning order has been issued against the applicant. 8. The submission made by learned counsel for the applicant are the pleas of defence, which can very well be raised before the trial court during trial of the case. I further find merit in the submission that no prior sanction u/s 197 Cr.P.C. was taken before lodging of complaint against the applicant, however, this plea can also be raised before the trial court. 9. In the facts and circumstances of the case, in my view, the impugned summoning order suffers from no illegality or impropriety justifying any interference by this Court. The instant application lacks merit and is, accordingly, dismissed. Order Date :- 23.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad