Heard the learned counsel for the applicants and the learned counsel for the respondent no. 2 and the learned learned A.G.A. for the respondent no. 1 and perused the record.
This is an application under section 482 Cr.P.C. for quashing the proceeding of criminal case no. 7361 of 2007, State Vs. Gulam Hussain, arising out of case crime no. 588 of 2006, under sections 420, 467, 468, 471 I.P.C., P.S. Tanda, District Rampur.
It is alleged against the applicant that his real name is Hazi Gulam Hussain son of Shahabuddin and was Pradhan of the Gram Shabha from 1988 to 2000. During that period certain financial embezzlements were allegedly committed by the applicant. Consequently, the case crime no. 270 and 287, under section 409 was registered against him. In that case, the applicant was sent in jail.
It is also alleged that when the applicant became an accused in the aforesaid criminal case and due to that found it difficult to contest the election of Pradhan, he, in order to become eligible for the post of Pradhan, managed a change of his name from Hazi Gulam Hussain to Nanhey in the electoral roll. He further got the name of his father also changed from Shahabuddin to Lalla. In this way the the applicant is alleged to have impersonated himself as Nanhey for securing various gains as specified in the F.I.R.
The learned counsel for the applicant submitted that the applicant's name was changed by a competent authority on his application, therefore, the electoral roll after that change cannot be questioned in a criminal proceeding. It was next submitted that an election dispute has been brought within the purview of a criminal court by making false allegations in the F.I.R. The learned counsel further submitted that the applicant's name has also been corrected as Nanhey son of Lalla in the revenue record.
At the stage of considering the application under section 482 Cr.P.C. this Court cannot hold an inquiry to find out correctness of the facts stated in the F.I.R. and the charge sheet. Whatever allegations have been made against the applicant, they have to be taken at their face value. What is required from this Court is to see whether or not any offence is made out from the facts disclosed in the police report. If an offence is made out, the charge sheet cannot be quashed on the basis of the defence version. According to the allegations made in the police report and the F.I.R., the offences under section 420, 467, 468 and 471 I.P.C. are prima facie made out against the applicant.
The learned counsel for the applicant further submitted that the applicant, being a law abiding citizen, wants to appear before the courts below to seek bail, therefore, he may be provided some interim protection.
Keeping in view the facts and circumstances of the case, it is provided that if the applicant Hazi Gulam Hussain appears before the courts below and apply for bail within one month from today his bail prayer in criminal case no. 7361 of 2007, under sections 420, 467, 468, 471 IPC, P.S. Tanda, District Rampur, pending in the court of Chief Judicial Magistrate, Rampur shall be considered and disposed of by the courts below expeditiously in the light of the principles laid down in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
Till the surrender of the applicant Hazi Gulam Hussain before the court or expiry of the aforesaid period of one month, whichever is earlier, the applicant Hazi Gulam Hussain shall not be arrested.
With the aforesaid observations, the petition under section 482 CrPC is disposed of.
Order Date :- 9.9.2010 Naresh