Sudhir Singh and Others vs State of U.P. and Another

S.C. Agarwal, J.—Heard learned Counsel for the Petitioners, learned A.G.A. for the State and perused the material on record.

This writ petition has been filed with a prayer to quash the order dated 20.6.2009, passed by Chief Judicial Magistrate, Mahoba in Criminal Case No. 29 of 2008, State v. Sudhir Singh and Ors. under Sections 467, 468 and 420, I.P.C., P.S. Kotwali, district Mahoba as well as order dated 15.9.2010, passed by Addl. Sessions Judge, Court No. 1, Mahoba in Criminal Revision No. 34 of 2009.

A charge-sheet was filed against the Petitioners for having committed offence under Sections 467, 468 and 420, I.P.C. An application u/s 482, Code of Criminal Procedure challenging the charge-sheet was filed by the Petitioners before this Court, which was disposed of with a direction to move an application for discharge before the Court concerned. The application for discharge has been rejected by the Magistrate. The revision filed by the Petitioners has also been dismissed by the Court of Sessions. Hence, this petition.

Learned Counsel for the Petitioners submitted that the alleged forged order of transfer was neither forged by the Petitioners nor they were instrumental in sending the same to Mahoba. The Petitioners had a dispute with Respondent No. 2, who had taken money from the Petitioners for providing them employment, and when the employment did not materialize and the Petitioners demanded their money back, a false case was concocted against the Petitioners.

Learned A.G.A. supported the impugned order and submitted that there are very serious allegations against the Petitioners.

On 24.3.2008, an order purported to be passed by Chief Engineer (Adhishthan 4 Kha) Anubhag Irrigation Department, Lucknow dated 22.4.2008 was received in the office of Executive Engineer, Irrigation Department, Mahoba disclosing therein that the Petitioners had been transferred from Barabanki to Mahoba. Thereafter, the Petitioners appeared before Respondent No. 2 with a copy of the relieving order and prayed that they be permitted to join duty. On inquiry, the aforesaid transfer order was found to be forged and it was also disclosed that the Petitioners were never in service.

In view of the nature of allegations against the Petitioners, I do not find any good ground to interfere in the order rejecting the application for discharge.

The writ petition is accordingly dismissed.