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2025 DAILYLAW 108523 (ALL)

BHAGWATI PRASAD MISHRA v. STATE OF U.P. AND 3 OTHERS

A482/40532/2024 · 2025-08-04

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131704 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.42) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40532 of 2024 Applicant :- Bhagwati Prasad Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sufia Saba,Uzma Mansoori Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Syed Saifullah, Advocate holding brief of Ms. Sufia Saba, learned counsel for the applicant and Sri S.K.Rai, learned AGA for the State. 2. The instant application has been filed seeking quashing of the order dated 28.05.2024 passed by the Additional Chief Judicial Magistrate, Court No.8, Prayagraj in Misc. Case No. 1368 of 2023 under Section 156(3) Cr.P.C. as well as for a direction to the trial court to pass appropriate order for registration of first information report by the concerned police station. 3. Learned counsel for the applicant submits that he has filed an application under Section 156(3) Cr.P.C., wherein it has been alleged that the opposite parties are using forged signature of the appellant in various proceedings before the courts and other government offices. The details of the proceedings have been given. The applicant is also in possession of the certified copies of the aforesaid documents. In the instant case, the applicant is fully aware about the name of the accused persons. The documents, which are alleged to have been forged and the witnesses are also known to the applicant herein. 4. Therefore, this Court does not find any illegality in the impugned order dated 28.05.2024 whereby the application under Section 156(3) Cr.P.C. has been directed to be a complaint as there is no material which is to be collected and recovered by the investigating agency. 5. The instant application under Section 482 Cr.P.C. lacks merits and is, accordingly, dismissed. Order Date :- 5.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad