Court No. - 73
Case :- APPLICATION U/S 482 No. - 19154 of 2019 Applicant :- Najmuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A.,Rajendra Kumar Ojha Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of complaint case no. 774 of 2015 under Sections 420, 468, 471 IPC, Police Station Kopa Ganj, District - Mau pending in the Court of Chief Judicial Magistrate, Mau as well as summoning order dated 29.4.2019 passed by the court concerned. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned counsel for the opposite party no.2 as well as learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that no prima facie case is made out against the applicant. During enquiry, on the complaint, on the direction of the Magistrate concerned, local police made investigation and submitted report in which it was found that marks-sheet submitted by the applicant for getting employment was a genuine document. It is further submitted that since the statement of the concerned Principal was not available with the applicant, he could not file the same at the time of filing the application u/s 482 Cr.P.C. It is next contended that the Principal has no authority to say whether marks-sheet issued by the concerned Institution is genuine or forged document. Referring to the rejoinder affidavit, it is next contended that concerned Principal has been retired from the service and statement made under section 202 Cr.P.C. was recorded after his retirement before the Magistrate concerned. It is further argued that the Magistrate concerned did not consider the police report submitted by the concerned police which resulted into an illegal order. Offences levelled against the applicant are not attracted.
On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 argued that at the time of filing the application u/s 482 Cr.P.C., applicant did not annex the statement of the concerned Principal namely Shamshul Hassan recorded under section 202 Cr.P.C. He was the Principal of the Institution concerned and has made statement before the court on the basis of school register. It is further submitted that interim order was obtained by the applicant suppressing the statement of the Principal concerned. A prima facie case is made out. Interpolation was made in the marks-sheet and on that basis, employment was obtained and applicant is drawing the emoluments from Government Exchequer on the basis of fake employment.
In this matter, as is evident from record, on the date of filing of the application u/s 482 Cr.P.C., statement of one of the witnesses namely Shamshul Hassan recorded under section 202 Cr.P.C. was not annexed with it. Witness Shamshul Hassan claimed himself to be the Principal of the concerned Institution and he has clearly supported the facts mentioned in the F.I.R. As far as report submitted by the police during enquiry is concerned, the same was available before the Magistrate concerned at the time of passing the summoning order. Mere non-mentioning the details of such police report in the summoning order, it will not be presumed that the Magistrate concerned while passing the summoning order has not taken into consideration the said report. It is also pertinent to mention that if a person comes to the Court to invoke the extra-ordinary jurisdiction, natural justice requires from him that he must come before the Court with clean hands. In this matter, suppression of the statement of witness Shamshul Hassan recorded under section 202 Cr.P.C. clearly reveals that applicant has not come up before this Court to invoke jurisdiction u/s 482 Cr.P.C. with clean hands.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicant. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.
Interim order, granted earlier, stands vacated.
At this stage, learned counsel for the applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Hence, it is directed that in case the applicant surrenders before the court below and applies for bail within 60 days from today, the same shall be considered and decided in view of the settled law. For a period of 60 days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant for surrender before the court concerned.
With the above observations, the application stands disposed of.
Order Date :- 21.8.2019
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