Neutral Citation No. - 2025:AHC:105579 Court No. - 48 Case :- APPLICATION U/S 528 BNSS No. - 19254 of 2025 Applicant :- Hariom Agrhari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ashish Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State and perused the records. 2. The instant criminal misc. application U/S 528 BNSS at the instance of the applicant Hariom Agrahari has been filed seeking quashing of the entire criminal proceedings of Criminal Case No.1550 of 2007 (State of U.P. vs. Suresh Kumar Gupta and others), under Sections 420, 467, 468, 471, 409, 120-B I.P.C. pending in the court of learned Chief Judicial Magistrate, Banda as well as summoning order dated 03.07.2007, non bailable warrant dated 18.03.2025 and charge-sheet dated 13.06.2007 arising out of case crime no.523 of 2004, under Sections 420, 467, 468, 471, 409, 120-B I.P.C., P.S. Kotwali City, District Banda. 3. It is the case of the applicant that an F.I.R. giving rise to Case Crime No.523 of 2004,under Sections 420, 467, 468, 471, 409, 120-B I.P.C. was lodged with the allegation that a cheque bearing Cheque No.763136 from the Cheque Book issued against the A/C No.90056 maintained in the Allahabad Bank Banda for a sum of Rs.3,80,000/- was misappropriated in the name of one Suresh Kumar by making forged signature of the District Magistrate and the Chief Development Officer Project Director DUDA. The applicant was not named in the F.I.R./Case Crime No.523 of 2004, nor was the beneficiary of the amount misappropriated. The cheque was drawn in favour of accused Suresh Kumar Gupta. The name of the applicant surfaced in the statement of the informant during investigation. Suresh Kumar Gupta was arrested and chargesheet was submitted against him on 28.012.2006, under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C.. Chargesheet was also filed against the applicant (Charge-sheet No.492 A/2006). The applicant was summoned vide order dated 03.07.2007 in Case Crime no.1550 of 20207, 419, 420, 467, 468, 471, 409, 120-B I.P.C. N.B.W./82/83 proceedings were also initiated against the applicant. 4. Learned counsel for the applicant has argued that the applicant was not aware of the proceedings and had never received any notice or summons issued by the court concerned. The applicant at the relevant time was a clerk of DUDA office, Banda and later on was transferred to District Chitrakoot and thereafter to District Basti and was never aware of the criminal proceedings against him. In 2009 the applicant was issued a show cause notice by his department regarding the misplaced/misappropriated cheque No.763136 which was duly replaced by the applicant. The reply of the applicant did not find favour with the Department and the applicant was awarded punishment by holding him responsible for 50% of the loss suffered and order for recovery of Rs.1.90 lacs was passed against the applicant and the departmental proceedings were closed. The amount of Rs.1.90 lacs has since been recovered from the applicant. The co-accused Suresh Kumar Gupta who is stated to be the beneficiary of the embezzled cheque for Rs.3,80,000/- died on 26.02.2011 during the trial and the proceedings so far as Suresh Kumar Gupta is concerned has abated but is continuing against the applicant. 5. Learned counsel for the applicant has further argued that the applicant is now 70 years of age and is keeping ill health and is under treatment. The applicant could not appear before the court below and N.B.W. has been issued against the applicant. The Department has already punished him by recovery of 50% of Rs.3,80,000/- from the applicant. The main accused Suresh Kumar Gupta is already dead and the proceedings of the present case has already abated against him. There is absolutely no evidence to connect the applicant with the alleged offence. The continuation of the proceedings against the accused applicant is nothing but an abuse of the process of law. Hence quashing of the entire proceedings has been sought. 6. Per contra Sri Arimardan Yadav, learned A.G.A. in opposition to the petition submits that the applicant has already been chargesheeted for the offence and as such his complicity is established. Learned A.G.A. however could not dispute the fact that the applicant has already been punished departmentally and 50% of the loss sustained by the Department has been recovered from the applicant, the proceedings against Suresh Kumar Gupta have been abated consequent to his death. 7. Having heard the learned counsel for the parties and having perused the record, the Court is of the opinion that the ends of justice will be sub-served if the applicant is permitted to move a discharge application before the court concerned within eight weeks from today before the learned Chief Judicial Magistrate, Banda. In the eventuality such a discharge application is filed, the court concerned shall proceed to consider the same and pass appropriate orders thereon strictly in accordance with law within three weeks thereafter. Till disposal of the discharge application or for a period of three months from today, no coercive actions shall be taken against the applicant in Case Crime No.1550 of 2007. 8. With the aforesaid observation/direction, the application stands disposed off. Order Date :- 11.6.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad