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2025 DAILYLAW 50088 (ALL)

SHYAMVIR SINGH v. AJEET KUMAR

A227/4444/2025 · 2025-05-01

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74207 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4444 of 2025 Petitioner :- Shyamvir Singh Respondent :- Ajeet Kumar Counsel for Petitioner :- Anand Kumar Dwivedi,Vinod Shankar Tripathi Hon'ble Vinod Diwakar,J. 1. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the State-respondent. 2. The present writ petition has been filed seeking the quashing of the entire proceedings, including the order dated 16.11.2021 passed by the Chief Judicial Magistrate, Firozabad, in Case No. 2197 of 2015, and the order dated 11.03.2024, passed by the Additional Sessions Judge/Additional Special Judge (POCSO), Court No. 2, Firozabad, in Criminal Revision No. 145 of 2021, arising out of Case Crime No. 330 of 2014, titled State v. Shyamvir Singh, under Sections 409, 420, 467, 468, 471 IPC, P.S. Pachokhada, District Firozabad. 3. The prosecution's case is that the opposite party no. 2 lodged a complaint against the petitioner and the Bank Manager, alleging that the petitioner, in collusion with the Bank Manager, fraudulently withdrew a sum of Rs. 50,000/- from the complainant's bank account using forged signatures and thumb impressions. Following an inquiry, the Inquiry Officer submitted a report on 03.08.2014, which concluded that both the petitioner and the Branch Manager were involved in the offence of cheating and dishonesty. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that the Inquiry Officer failed to conduct a proper investigation, and the inquiry report was submitted in a cursory manner. The Investigating Officer, without collecting adequate material evidence, filed a charge sheet against the petitioner under Sections 420, 467, 468, and 471 IPC. Subsequently, the petitioner filed a discharge application, which was rejected by the learned Chief Judicial Magistrate, Firozabad, vide order dated 16.11.2021. The petitioner's revision against this order, filed before the Additional Sessions Judge/Special Judge (POCSO Act), was also dismissed vide order dated 11.03.2024. Aggrieved by the aforesaid orders, the petitioner has approached this Court. 5. On the other hand, the learned A.G.A. has opposed the petition, asserting that the petitioner, being a member of the cooperative society, embezzled a sum of Rs. 49,807/- from the cooperative society using forged documents and the forged thumb impression of the complainant. 6. Upon hearing the learned counsel for the parties and after perusing the available material on record, it is observed that, according to the Inquiry Report submitted by the Inquiry Officer, the petitioner, in collusion with the Branch Manager, embezzled Rs. 50,000/- from the cooperative society. The petitioner, who was the Secretary of the cooperative society, allegedly withdrew the aforesaid amount by forging the complainant's signature and thumb impression. 7. This Court finds no perversity or procedural irregularity in the order dated 16.11.2021 passed by the Chief Judicial Magistrate, Firozabad, or in the subsequent order dated 11.03.2024 passed by the Additional Sessions Judge/Additional Special Judge (POCSO Act). Both impugned orders are well-reasoned and do not disclose any manifest illegality or gross miscarriage of justice so as to warrant interference under Article 227 of the Constitution of India. At this stage, the inquiry report and the nature of the transaction in question cannot be conclusively determined within the limited scope of jurisdiction under Article 227. 8. The instant writ petition is devoid of merits and it is accordingly dismissed. Order Date :- 2.5.2025 A. Tripathi Vinod Diwakar, J Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad