Neutral Citation No. - 2025:AHC:29101 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6774 of 2025 Applicant :- Omdutt Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla,Shashwat Shukla Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by the applicant seeking the quashing of Charge-Sheet No. 07/2020, dated 10.01.2020, the cognizance/summoning order dated 17.01.2020, and the entire proceedings of Case No. 135 of 2020, arising out of Case Crime No. 727 of 2019, registered under Sections 420, 467, 468, 471 IPC and Section 66 I.T. Act, at P.S. Civil Lines, District Rampur, pending trial in the Court of Chief Judicial Magistrate, Rampur. 3. Learned counsel for the applicant has submitted that the applicant is the Manager of Harikesh Vidya Inter College, Sarai Jagannath Bilsuri, Bulandshahr and he has been falsely implicated in the instant case. The applicant's involvement is based solely on the statement of Anil Kumar and Suraj Kumar. He further contends that no evidence surfaced during the investigation to implicate the applicant. The applicant's name did not appear in the first charge- sheet, neither in the investigation of C.B.C.I.D. The applicant's school has obtained permission for Class-10 in 2009 and for Class-12 in 2012 to conduct examinations, therefore, there is no reason of issuing fake mark-sheet for Class-11 and Class-12 for the years 2006 to 2008. Initially, the FIR was registered only against co-accused Deepti Sharma for committing fraud related to providing fake mark-sheets. However, the applicant's name appeared subsequently. 4. Per contra, learned A.G.A. has submitted that there are serious allegations qua applicant for creating forged and fake mark-sheets after taking Rs. 25,000/- from innocent persons. There are specific allegations against the applicant that after receiving Rs. 10,000/-, the applicant had issued the fake mark-sheet to one Anil Kumar, who subsequently got job in Delhi police based on fake documents. 5. Upon considering the submissions made by learned counsel for the applicant and learned A.G.A., as well as on perusal of the record, it is prima facie observed that there are sufficient material on record qua applicant to proceed with the case. The statement recorded by the police under Section 161 Cr.P.C. suggests that the applicant issued a fake certificate to Anil Kumar, who secured job in Delhi Police. In the given facts and circumstances, this Court finds that no interference is warranted at this stage. 6. So far as the submissions raised by the learned counsel for the applicant are concerned, it can be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. 7. The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed. Order Date :- 3.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad