Neutral Citation No. - 2025:AHC:93333 Court No. - 87 Case :- APPLICATION U/S 482 No. - 38265 of 2024 Applicant :- Devendra Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari,Sarvesh Kumar Dubey,Suresh Yadav Counsel for Opposite Party :- G.A.,Pusp Raj Singh Hon'ble Prashant Kumar,J. 1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Pusp Raj Singh, learned counsel for the opposite party no.2, learned AGA for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 06.10.2023 passed by the learned Judicial Magistrate, Banda in Complaint Case No. 176 of 2021 (Under Sections 420, 467, 468, 471 I.P.C.), as well as the non-bailable warrant dated 10.05.2024 issued against the applicant as well as entire proceedings of the aforesaid case. 3. Brief facts of the case are that the opposite party no. 2 filed an application under Section 156(3) Cr.P.C. before the court of Judicial Magistrate, Banda, alleging that the applicant manipulated his date of birth by mentioning 10.12.1998 in the nomination form filed during the Village Pradhan election in 2021, despite his high school certificate indicating the date of birth as 05.08.2002, and supported the same with a sworn affidavit. Upon receiving the said application, the learned Magistrate called for a report from Police Station Naraini, District Banda, which revealed that as per the transfer certificate, Aadhar card, birth certificate, and Janam Kundali, the applicant’s date of birth was 12.10.1998. Thereafter, by order dated 21.08.2021, the learned Magistrate treated the application as a complaint case and directed the complainant to record his statement under Section 200 Cr.P.C., followed by examination of two witnesses, Chhatrapal and Virendra Kumar, under Section 202 Cr.P.C. Upon consideration of the statements so recorded, the learned Magistrate passed the impugned summoning order dated 06.10.2023 against the applicant under Sections 420, 467, 468, and 471 I.P.C. The applicant challenged the said summoning order by filing a criminal revision before the learned Additional District and Sessions Judge, Banda, which was dismissed vide order dated 31.07.2024. During the pendency of the said revision, a non-bailable warrant was also issued against the applicant on the application filed by the complainant on 10.05.2024. 4. Learned counsel for the applicant submits that there was no fraudulent intention on the part of the applicant and that the alleged discrepancy in the date of birth arose due to an inadvertent clerical error. It is further submitted that the documents relied upon by the complainant are self-contradictory, and that the complaint has been filed with malafide intent solely to cause unnecessary harassment to the applicant. Learned counsel also contends that the dispute is essentially civil in nature, and no criminal intent can be attributed to the applicant. It is further submitted that the applicant had already moved an application before the U.P. Board seeking correction of his date of birth, but the same has not been acted upon or amended till date. 5. Per contra, learned counsel for the opposite party no. 2 submits that the applicant has deliberately manipulated his date of birth in official nomination documents with the intent to gain undue advantage in the election process. It is submitted that such act amounts to forgery and cheating, and a prima facie case is made out on the basis of the evidence brought on record during the inquiry under Sections 200 and 202 Cr.P.C. 6. Heard learned counsel for the parties. 7. This Court finds that the dispute raised by the applicant involves factual controversies, particularly regarding the authenticity of the date of birth documents. The allegations pertain to misrepresentation in official records and require appreciation of evidence, which cannot be adjudicated in proceedings under Section 482 Cr.P.C. The learned Magistrate, after conducting an inquiry under Sections 200 and 202 Cr.P.C., has found prima facie grounds to summon the applicant. The revisional court has also affirmed the summoning order. No procedural irregularity or manifest illegality has been pointed out which may warrant interference by this Court under its inherent jurisdiction. 8. Accordingly, the present application under Section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 30.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad