Court No. - 77
Case :- MATTERS UNDER ARTICLE 227 No. - 8570 of 2019 Petitioner :- Mahipal Singh Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Anurag Pathak,Harshit Pathak Counsel for Respondent :- G.A.,Shri Krishna Mishra
Hon'ble Ram Krishna Gautam,J.
This Application, under Article 227 of the Constitution of India, has been filed by the applicant, Mahipal Singh, with a prayer for setting aside impugned summoning order, dated 15.7.2019, passed by the court of Chief Judicial Magistrate, Saharanpur, including, entire proceeding of Complaint Case No. 390 of 2018, under Sections 420, 467, 468 and 471 of IPC, as also revisional order, dated 18.10.2019, passed by the Additional Sessions Judge, Court no.3, Saharanpur, in Criminal Revison No. 351 of 2019, Mahipal Singh vs. Stae of U.P. and another.
Learned counsel for applicant argued that a case crime number was got registered for alleged fraud, which is said to have been committed by the applicant, in connivance with Area Lekhpal, as Case Crime No.95/2016, under Sections 420, 467, 468 and 471 of Indian Penal Code, wherein, investigation resulted in submission of final report. A protest petition was filed, which was treated as a complaint case, wherein, complainant was examined, under Section 200 of Cr.P.C.
and his witnesses were examined, under Section 202 of Cr.P.C. Thereafter, impugned summoning order was passed. This was in violation of evidence on record. Accused- applicant had never received any benefit, under any scheme, rather, his children were the beneficiary of the same, but, they have not been made a party in this proceeding. A Criminal Revision was filed, challenging summoning order, before the Sessions Judge, which, too, was dismissed.
Thus, both the courts below failed to appreciate facts and law placed before them. Hence, this Application, under Article 227 of the Constitution of India, invoking jurisdiction of this Court of general superintendence over subordinate court by the High Court, has been filed with above prayer.
Learned counsel for Opposite party no.2 as well as learned AGA, representing State of U.P., while vehemently opposing this Application, have argued that at the time of passing of the summoning order, under Section 204 of Cr.P.C., existence of a prima facie case for proceeding further, is to be seen by the Magistrate by application of judicial mind and it was very well there on record. Mahipal Singh, being a Police Constable, got his Income Certificate prepared, by mentioning himself as a daily wager and on the basis of this Income Certificate, his children got many benefits, including scholarship and, thus, this Income Certificate was got prepared by way of fraud, in connivance with Area Lekhpal, who, too, has been summoned as an accused. Hence, this Application is liable to be dismissed.
From very perusal of the impugned summoning order, it is apparent that present applicant, Mahipal Singh, who is a Police Constable, was accused for getting a forged and fictitious Income Certificate prepared for him and on the basis of this forged and fictitious Income Certificate, he got many benefits of State sponsored schemes, including Scholarship for his children, i.e., his children were not manufacturer of those forged documents. They were only beneficiary, but, those benefits were being provided to the children by use of forged and fraudulent Income Certificate, got prepared by Mahipal Singh. Hence, Mahipal Singh, and the Area Lekhpal were the main accused, who did this offence of fraud and this was said in the statement, recorded, under Section 200 of Cr.P.C., as well as, under Section 202 of Cr.P.C., which were in reiteration and in corroboration of the contentions made in the complaint.
Now this Court, in exercise of power, conferred upon it by Article 227 of Constitution of India, for general superintendence over subordinate court, does not find any failure by both of subordinate courts.
Accordingly, this Application, preferred, under Article 227 of Constitution of India, being devoid of merits, deserves dismissal and it stands dismissed as such.
Order Date :- 18.12.2019 bgs/