Court No. - 20
Case :- APPLICATION U/S 482 No. - 4142 of 2005
Applicant :- Rajendra Gupta
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dharmendra Singhal, learned counsel for the applicant and Sri S.S. Sachan, learned A.G.A. for the State.
This application has been filed to quash the chargesheet submitted in case crime No. 380 of 2002 Case No.1351 of 2004 under Sections 420, 467, 468, 471, 120-B I.P.C., P.S. Dadon, District-Aligarh pending in the court of A.C.J.M. IVth Aligarh.
The submission is that applicant is licenced arms dealer. His dealership was cancelled and thereafter restored by the Commissioner Agra Division Agra. He is still doing his business on the basis of aforesaid licence. It is submitted that applicant sold the arms to the licence holders whose licence were issued from Jammu and Kashimir and some of the licences were renewed. The implication of the applicant under sections in the charge sheet is unwarranted. The applicant has neither forged any licence nor cheated any one in the process. Learned counsel for the applicant has relied upon the judgment of the Apex Court in Md. Ibrahim & others vs. State of Bihar & Anr., reported in 2009 (8) SCC 751 dated 4.9.2009. He has also relied upon the Apex Court judgment in Sheila Sebastian Vs. R. Jawaharaj and another etc., reported in 2018 (7) SCC 581, wherein the Apex Court has held that the accused is liable for punishment for forging a document only if he is maker of the same, not otherwise.
Learned A.G.A. has submitted that allegations were found to be correct and charge sheet has been submitted by the investigating officer against the applicant whose licence was not found issued in accordance with law.
After considering the rival submissions of the learned counsel for parties it is clear that the licence of the shop applicant is not fabricated and applicant sold arms to the licence holders. The licence granted to the applicant was cancelled and thereafter restored by the Commissioner Agra Division Agra. The applicant has not cheated any one.
In view of the above, the proceedings of the aforesaid case is quashed. The application is allowed.
Order Date :- 21.1.2019 S.Ali