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Neutral Citation No. - 2025:AHC:19443 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3234 of 2025 Applicant :- Devesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant and Sri Moti Lal, learned A.G.A.
2. This is an application under Section 482 of the Code of Criminal Procedure preferred by the applicant for quashing the entire proceeding including Charge Sheet in State Case No. 231 of 2023 (State Vs. Dinesh Yadav) arising out of Case Crime No.175 of 2020, under Sections 420, 467, 468, 471 IPC, Police Station- Ramghat, District Bulandshahar, pending before the court of Civil Judge (Junior Division), Anoop Shahar. 3. Learned counsel for the applicant submits that a first information report stood lodged on 18.11.2020 under Section 420, 467, 468, 471 IPC being FIR No.0175 against one Makkhan Lal with an allegation that he on the basis of the forged and fictitious testimonials obtained a job of teacher in a government institution. Further submission of learned counsel for the applicant is that the applicant has not been marked as an accused in the FIR, however, Makkhan Lal whose actual name is Dinesh, in his statement under Section 161 CrPC named the applicant with respect to forging the testimonials, pursuant whereto the job was obtained. Learned counsel for the applicant submits that though he has been summoned under Section 420, 467, 468, 471 IPC, but there has been no application of mind and in a mechanical manner, the entire proceeding has been initiated. 4. Learned A.G.A. on the other hand submits that whatever might be once the name of applicant came into deposition under Section 161 CrPC of the accused, who has been named in the FIR, then it cannot be said that no offence is made out, particularly when trial is to commence. 5. At this juncture, learned counsel for the applicant submits that the applicant may be accorded liberty to file a discharge application and same be decided within a time bound period. 6. Learned A.G.A. has no objection to the same. 4.
Considering the submissions of learned counsel for the applicant as well as the learned A.G.A, this Court is of the opinion that in case appropriate proceeding is preferred by the applicant before the court below taking all legal and factual grounds, then the same shall be decided by the court below within a shortest period strictly in accordance with the law of the land dealing with each and every aspect of the matter. 5. In view of above, the application is consigned to record. Order Date :- 11.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad