Sumit Ranjan vs State Of U.P. And Another

In Re: Criminal Misc. Delay Condonation Application No. 1 of 2021 Heard counsel for the parties.

This is an application to condone the delay in filing restoration application.

Cause shown in sufficient.

The delay in filing the restoration application is condoned.

The application is allowed.

In Re: Criminal Misc. Restoration Application No. 2 of 2021 This is an application to recall the order dated 5.2.2015, dismissing the application for want of prosecution.

Cause shown is sufficient.

The order dated 5.2.2015, dismissing the application for want of prosecution is recalled.

The application is allowed.

Order on Application under Section 482 Cr.P.C.

The present application has been filed seeking quashing of the charge-sheet dated 9.9.2005 and all the proceedings pending in the Court of 2nd Additional Chief Judicial Magistrate, Varanasi as Case No. 622 of 2006 arising out of Case Crime No. 94-A of 2004, P.S. Bhelupur, District Varanasi, under Sections 419, 420, 467, 468, 120-B IPC.

The contention, in brief, is that the applicant is a Sales Officer of the Company, Hindustan Petroleum Corporation Ltd., on 25.3.2004 an FIR came to be lodged at P.S. Bhelupur, District Varanasi against one Smt. Manju Vishwas, Ex-Secretary, Bhingraj Anathalaya Trust, which was registered as Case Crime No. 94 of 2004, under Sections 419, 420, 506 IPC. The main allegations in the said FIR were that the accused had usurped the properties of the trust illegally for setting up a petrol pump. Subsequently, the City Magistrate, Varanasi also lodged a First Information Report on 29.3.2004, which was registered as Case Crime No. 94-A of 2004, under Sections 467, 468, 409, 420, 120-B IPC against the Officers of the trust as well Hindustan Petroleum Corporation Ltd. The main allegations in the said FIR was also that the trustees of the trust have misappropriated the property and have given the property of the trust for setting up a petrol pump. The only allegations in the FIR were that the Hindustan Petroleum Corporation was guilty of setting up a retail outlet without obtaining sanction/No Objection Certificate from the Varanasi Development Authority.

I have perused the said FIR, which contains the allegations only to the effect as discussed above. The matter was investigated and with regard to the Case Crime No. 94-A of 2004, a charge-sheet were filed on 30.5.2004, which is on record as Annexure-5 to the application, in which the name of the applicant was also included and it was said that the case against the accused including the applicant was made out under Sections 419, 420, 467, 468, 120-B IPC. On the basis of the said charge-sheet, the A.C.J.M. took cognizance of the case on 20.2.2006. The said proceedings are under challenge in the present application under Section 482 Cr.P.C.

The contention of the counsel for the applicant is that even assuming everything to be gospel truth, there is no iota of averment against the applicant, so as to implicate him under Sections 419, 420, 467, 468, 120-B IPC. He has drawn my attention to the specific sections to argue that there is no allegation of either inducement or of any kind of constructions made by the applicant. He further argues that even the allegations pertaining to non obtaining the sanction prior to construction from the Varanasi Development Authority are true, although without admitting the same, no offence can be said to be made out under Sections 419, 420, 467, 468, 120-B IPC.

He further argues that the Petroleum Corporation only grants a license and is not the owner of the land in question and is not required to either obtain the sanction, which is the primary responsibility of the owner of the land in question/licensee and thus even accepting the allegations to be true, no liability could have fastened on the applicant. He further argues that even assuming every allegations to be correct for the purpose of arguments, the allegations were against the Company and there is nothing on record to demonstrate that the applicant was in any way In-charge of or was dealing the affairs of the Company solely so as to implicate the name of the applicant in the charge-sheet.

He further argues that the applicant is only a Sales Officer and is concerned with the marketing of the product and as such inclusion of the name of the applicant on all the counts is liable to be held to be bad in law and the proceedings are liable to be quashed.

Shri Manoj Kumar Dwivedi, learned A.G.A. on the other hand argues that the application is liable to be dismissed.

On perusal of the FIR as well as the charge-sheet, the only allegations are that the Hindustan Petroleum Corporation did not obtain the requisite sanction from the Varanasi Development Authority prior to raising of the construction. The said averment will certainly not lead to the implication of the applicant under Sections 419, 420, 467, 468, 120-B IPC for the simple reason that no onus is caste upon the applicant to obtain the sanction from any Development Authority, which is primary responsibility of the owners/lessee/licensee. Furthermore, the applicant being an Officer looking after the sales can certainly not held be responsible officer managing the affairs of the Company in respect of the retail outlet in question, including the raising of constructions.

Thus on all the counts, as argued and discussed above, the charge-sheet dated 9.9.2005 and the proceedings pending in the Court of 2nd Additional Chief Judicial Magistrate, Varanasi as Case No. 622 of 2006 arising out of Case Crime No. 94-A of 2004, P.S. Bhelupur, District Varanasi, under Sections 419, 420, 467, 468, 120-B IPC, are quashed as against the applicant.

The application is allowed.