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Judgment
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceedings as well as cognizance order dated 03.03.2023 passed by the learned Sub-Divisional Magistrate, Koderma whereby and whereunder, the learned Magistrate has taken cognizance of the offences punishable under Section 465, 471 and 34 of the Indian Penal Code as well as for quashing of the order dated 21.09.2023 whereby and whereunder, the learned Magistrate has explained the substance of accusation under Section 465, 471 and 34 of the Indian Penal Code.
The learned counsel for the petitioners submits that so far 04 witnesses have been examined, the deposition of which has not been brought on record of this Cr.M.P. by the petitioners. It is submitted by the learned counsel for the petitioners that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused, has committed forgery and used the forged document as genuine. It is also submitted that the allegation against the petitioners is false. Hence, the prayer as prayed for in this Cr.M.P. be allowed.
Learned Additional Public Prosecutor on the other hand vehemently opposes the prayer and submits that the sole ground for the petitioners for quashing the entire criminal proceedings is that the allegation against the petitioners is false; which is at best a defence, which the petitioners can take during the trial of the case. It is next submitted that certainly the same is not a ground to quash the entire criminal proceedings, More so, when the petitioners have not come to the Court with clean hands by suppressing the depositions of 04 witnesses who have already been examined during the trial. Hence, it is submitted that this Cr.M.P. is being without any merit be dismissed.
Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that it is a settled principle of law that the power under Section 482 of the Cr.P.C. cannot be exercised to consider the defence of the accused or to test the veracity of evidence put forth by the accused as has been held by the Hon’ble Supreme Court of India in the Case of State of Madhya Pradesh versus Awadh Kishore Gupta and Others reported in (2004) 2 Supreme 501. It is also a settled principle of law that High Court in exercise of its power under Section 482 of the Cr.P.C. cannot conduct a mini trial as has been reiterated by the Hon’ble Supreme Court of India in the case of State of Uttar Pradesh & Another vs. Akhil Sharda & Others reported in 2022 Live Law SC 594.
Now coming to the facts of the case, the only contention of the petitioners is that the allegation against the petitioners is false. The petitioners have not come to Court with clean hands, by not filing the copy of deposition of 04 witnesses, who have already examined during the trial.
Under such circumstances, this court is of the considered view that this is not a fit case where the prayer of the petitioners made in this Cr.M.P. is to be acceded to in exercise of the power under Section 482 of the Cr.P.C.
Accordingly, this Cr.M.P. is being without merit is dismissed.
Accordingly, pending I.As. if any are disposed of being infructuous.