Court No. - 45
Case :- APPLICATION U/S 482 No. - 46022 of 2018 Applicant :- Rishipal Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.12.2017 as well as the entire proceedings of Criminal Case No. 855 of 2018, arising out of Case Crime No. 502 of 2017, under Sections- 406, 420 I.P.C., Police Station- Baghpat, District- Baghpat , pending in the court of C.J.M., Baghpat.
Submission is that the applicant is employed on the post of Collection Amin in District Baghpat. Allegation is that he has received Rs. 2,44,200/- for depositing in the loan account of the opposite party No.2 in the Bank, but did not deposited the same in November, 2015. It has further been alleged that the applicant issued a "No Dues Certificate" in favour of opposite party No.2 on 18.11.2015 stating that there are no dues against the applicant from any Revenue Authority/Financial Institutions or Non Government Organization. "No Dues Certificate" was obtained for the purpose of contesting election of Pradhan. The applicant has brought on record "No Dues Certificate" issued by the Bank on 23.6.2016 against the applicant showing dues of Rs. 2,28,806/- against the opposite party No.2. It has been submitted that the Investigating Officer has not recorded the version of the applicant as to how he issued "No Dues Certificate" when the loan was due against the opposite party No.2. It has been submitted that in November 2015, he issued "No Dues Certificate" because at the relevant time there were no dues against the opposite party No.2 and therefore, the applicant issued "No Dues Certificate", but later recovery certificate was issued against him on 23.6.2016. In order to take undue benefit of certificate issued by him in November 2015, the first information report was lodged.
Learned AGA has opposed the contentions raised on behalf of the applicant on the ground that without accepting the due amount, "No Dues Certificate" cannot be issued to any person by a government servant. It appears that the applicant has received the money and then issued "No Dues Certificate" thereafter.
After considering the rival submissions, it is clear that the Investigating Officer has not recorded the version of the applicant, who is government employee and he will be a seriously effected by these proceedings, in case it is allowed to continue on the basis of the charge-sheet filed by the Investigating Officer without recording the version of both the parties. The purpose of Investigating Officer is not to justify the allegations made in the FIR to bring the truth before the court on the basis of evidence collected from both the parties, in the dispute. Charge-sheet is not in accordance with law.
This application is also disposed off with the direction to the court below to get the supplementary report from the Investigating Offer after investigating the case fairly, after recording the statement of applicant also. Till the supplementary report is submitted by the Investigating Officer, no coercive action shall be taken against the applicant.
Order Date :- 19.12.2018 Ruchi Agrahari