Court No. - 24
Case :- APPLICATION U/S 482 No. - 11168 of 2002 Applicant :- Laxmi Devi Opposite Party :- State Of U.P. & Another Counsel for Applicant :- B.K. Solanki Counsel for Opposite Party :- Govt. Advocate,S.K. Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned A.G.A..
The applicant has been summoned for the offences relating to Complaint Case No. 5100 of 1999 (Tribunesh Kumar Vs. Laxmi Devi) pending in the Court of Chief Judicial Magistrate, Hathras.
The primary allegation in the complaint is that the actual date of birth of the applicant is 15 December 1951, whereas she has obtained employment in the Department of Basic Education of the State by holding out that her date of birth is 15 December 1956. It is on these allegations that the order of summoning came to be issued.
The primary issue, which confronts the Court is the locus of the opposite party no. 2 to have even instituted such a complaint when, in fact, no such issue was raised by the Department of Basic Education. Be that as it may, the Court notes on the record the existence of a High School certificate issued by the Board of Sectionday Education, U.P., in which the date of birth of the applicant has been recorded as 15.12.1956. On the basis of this certificate, which is not disputed by the State respondents, it is evident that the issue stands clinched and answered in favour of the applicant. It is, therefore, evident that the entire proceedings have been lodged with malicious intent and deserve to be quashed.
Accordingly, this application stands allowed. All proceedings relating to Complaint Case No. 5100 of 1999 (Tribunesh Kumar Vs. Laxmi Devi) are hereby quashed.
Order Date :- 27.7.2018 VKS