This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to allow this application and quash the charge-sheet dated 14.6.2003 submitted by the police of police station-Kotwali Shahar, District-Mirzapur in connection with case crime no. 271 of 2003, under Sections 419, 420, 465, 468, 471 IPC, P.S. Kotwali Sahar, District- Mirzapur.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that admittedly the applicant was appointed of Marriage Officer for a period of three years, under the Hindu Marriage Act regarding which the gazetted notification was issued in July, 1978. Thereafter by order and letter dated 23rd July, 1992. The applicant was permitted to continue as Marriage Officer by the then District-Magistrate. However, on the basis of false allegation that without any authority the applicant was working as Marriage Officer, the first information report was lodged and even without considering the aforesaid letter issued by the District Magistrate, the Investigating Officer has submitted the charge-sheet. Hence the charge-sheet as well as the entire proceeding is liable to be quashed arising out of in case crime no. 271 of 2003, under Sections 419, 420, 465, 468, 471 IPC, P.S. Kotwali Sahar, District-Mirzapur. The applicant is an advocate, he is aged about 72 years.
The aforesaid prayer was opposed by learned A.G.A. on the ground that the applicant was never appointed as Marriage Officer. There was no gazette notification with regard to appointment under the Hindu Marriage Act. Whether the letter issued by the District Magistrate under the Hindu Marriage Act is correct, whether he had power and whether the letter issued. Subsequently is correct has to be examined, on the basis of evidence, it is not clear from the record that this letter before the investigating officer. Hence it requires verification and evidence whether such appointment letter was issued by the District Magistrate or not and whether that was valid. Hence merely on that basis at this stage, the charge-sheet or the proceeding cannot be quashed. However, in view of the fact if objection/discharge application is moved, the court is expected to consider the case of the applicant in accordance with law, at appropriate stage.
With the aforesaid observation this application is finally disposed off.
Order Date :- 8.1.2010 ANT