Court No. - 24
Case :- APPLICATION U/S 482 No. - 10778 of 2002 Applicant :- Manoj Kumar And Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and the learned AGA.
This petition seeks quashing of the chargesheet dated 17 December 2001 registered as Case No. 299 of 2002 under Sections 467,468,171 IPC, Police Station Kotwali, District Mainpuri.
The allegations in the FIR on the basis of which the impugned chargesheet has come to be filed was that the seal of the police authorities as well as the signatures of the Inspector appearing on the application moved by the applicants for grant of an arms licence had been forged and fabricated. The submission of the learned counsel was that the instant proceedings were lodged on account of a complaint which had been made by them to the Chief Minister on 26 October 2001. It was further asserted that once the application had been submitted in the office of the District Magistrate, the applicants had no control over the same and therefore the act of forgery cannot be attributed to them.
Dealing with the first submission this Court finds itself unable to appreciate or fathom any concern that the Chief Minister may have in respect of an allegation of forgery. The second submission whether the applicants had in fact committed the act of forgery or the same were the acts of other persons in the office of the District Magistrate are disputed issues of facts which cannot be dealt with by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. On an evaluation of the allegations levelled, the Court finds no ground to conclude that the commission of offences is prima facie not evidenced. The prayer for quashing the impugned proceedings is refused.
It is however, clarified that in case the applicants apply for bail the same shall be considered by the Court concerned bearing in mind the judgments of this Court as well as of the Supreme Court on the subject of grant of bail.
Order Date :- 27.7.2018 LA/-