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2025 DAILYLAW 79987 (ALL)

CHANDRA BHAN YADAV v. State of U.P. AND ANOTHER

CRLR/3770/2024 · 2025-10-05

Harvir Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3770 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present revision has been filed against the order dated 20- 06-2024 passed by the learned Chief Judicial Magistrate, Mau in Criminal Case No. 2802 of 2014, arising out of Case Crime No. 555 of 2014, under Sections 419, 468, 471 of IPC, P.S. Sarai Lakhansi, District Mau, by which it has been alleged that revisionist herein has suppressed the material fact and has forged the signature of opposite party no. 2, who happened to be Village Pradhan. It has further been alleged that, the revisionist got some forged documents prepared, purportedly signed by the opposite party no. 2, which was later on denied by opposite party no. 2 stating therein that, she neither signed or issued any certificate, nor signed the said paper on page no. 49 and further stated that she used to issue certificate on official letter head and duly signed and stamped by opposite party no. 2. 3. On the other hand, learned counsel appearing for the opposite party no, 2 has submitted that, she is innocent and has falsely been implicated without any reason in the present case. It is for Versus Counsel for Revisionist(s) : Lal Behari Yadav Counsel for Opposite Party(s) : G.A., Imamuddin, Lavlesh Kumar Shukla Chandra Bhan Yadav .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the revisionist, if he has prepared some document for his own benefit and opposite party no. 2 is not beneficiary in any manner whatsoever and prayed that the present revision is liable to be dismissed. 4. Having regard to the contentions made by the learned counsel for the parties and the fact that the revisionist purportedly got some certificates issued in the name of opposite party no. 2 is a conduct of the revisionist himself and for the reason that the revisionist may or may not be beneficiary of any such document but the opposite party no. 2 is neither the beneficiary nor has taken any advantage of the said certificate. It has further submitted by opposite party no. 2 that, she never issued any such document in the name of revisionist. 5. Having regard to the fact that, if a person is involved in any criminal case, it is duty of the Police Officials to conduct an investigation in the matter and mere issuing certificate at the behest of Village Pradhan is not sufficient. It is a duty of Police Officials/Investigating Officer to conduct an investigation himself and may not depend upon single person, as the Village Pradhan in the present case. It is always open to the Police Officials to look into the matter and take out the record of any person in respect of the concerned police station, where such person is residing or was residing at the relevant point of time. 6. Be that as it may, if the revisionist, got some government employment, it was open to the railways authorities to conduct thorough inquiry in the natter and find out, whether the revisionist has suppressed any material fact with regard to the involvement in any criminal case at the time of applying for job in railways. However in any case, it cannot be presumably decided as to whether a person, who is involved in criminal case or not, because sufficient record is available with the police authorities at police stations with regard to the conduct and character of any individuals. It is least to say that as and when, a person who is taking government service his antecedents are required to be examined. It is for department, railway in the present case and the police authorities to conduct the thorough CRLR No. 3770 of 2024 2 investigation with regard to the antecedent or involvement in any other activities, attracting the criminal liability. 7. Under such circumstances, the present revision is liable to be allowed. The order dated 20-06-2024 passed by the learned Chief Judicial Magistrate, Mau in Criminal Case No. 2802 of 2014, arising out of Case Crime No. 555 of 2014, under Sections 419, 468, 471 of IPC, P.S. Sarai Lakhansi, District Mau is liable to be quashed and set aside. Hence set aside. 8. Accordingly, the present revision is allowed. October 6, 2025 Vikram CRLR No. 3770 of 2024 3 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad