KRIPA SHANKAR SRIVASTAVA v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME LKO. AND ANOTHER
A482/2861/2025 · 2025-04-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130084 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18761 Court No. - 15 Case :- APPLICATION U/S 482 No. - 2861 of 2025 Applicant :- Kripa Shankar Srivastava Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. And Another Counsel for Applicant :- Shailesh Tripathi,Aman Thakur Counsel for Opposite Party :- G.A.,Anurag Kumar Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shailesh Tripathi, the learned counsel for the petitioner, Sri Anurag Kumar Singh, the learned counsel appearing on behalf of the C.B.I., Sri Mohd. Asif Khan, the learned A.G.A.-I appearing on behalf of the State and perused the records.
2. By means of the instant petition filed under Section 528 B.N.S.S. the petitioner has sought quashing of a supplementary charge sheet dated 29.09.2022 submitted against the petitioner arising out of R.C. No.0062020A0003 in Sessions Trial No.812 of 2022. The petitioner has also challenged the validity of an
order dated 25.02.2025, passed in the aforesaid case whereby an application seeking discharge of the petitioner has been rejected. He has also challenged an order dated 07.03.2025 where by charges have been framed against the petitioner.
3. The aforesaid case has been instituted on the basis of an F.I.R. lodged on 13.02.2020 bearing R.C. No.0062020A0003, under Sections 120-B, 409, 420, 467, 468, 471 I.P.C. against 13 named accused persons, not including the petitioner and some unknown persons regarding misappropriation of government money to the tune of Rs.11,50,06,182/- detected in various
accounts of Varanasi Cantt, Head Post Office. After investigation a charge sheet was submitted on 13.12.2021 against nine accused persons. Subsequently, a supplementary charge sheet has been submitted on 29.09.2022 wherein the name of the petitioner has also been included. The allegation against the petitioner is that while the petitioner was working as a Postal Assistant, a transaction was made from the savings bank account of one Kanhaiya Lal through a voucher on which signature of account holder was forged by agent Pradip Kumar Singh. Kanhaiya Lal disowned the account from which it appears that the account was fake account being maintained without authority of the purported account holder.
4. The supplementary charge sheet alleges involvement of the applicant in processing fraudulent transaction from a bank account maintained without knowledge of the purported account holder. The allegations make out a prima facie case warranting trial of the applicant.
5. There is no good ground for quashing of the supplementary charge sheet and the proceedings against the petitioner. The application being bereft of any merit is accordingly dismissed. (Subhash Vidyarthi, J.)
Order Date :- 4.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench