Court No. - 86
Case :- APPLICATION U/S 482 No. - 19080 of 2020 Applicant :- Udaybhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and Sri C.P. Singh, learned A.G.A. appearing for the State.
This application has been filed with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and the charge sheet dated 28.7.2020 as well as entire further proceedings pending before the Court of Chief Judicial Magistrate, Varanasi vide case No. 13776 of 2020 (State Vs. Udaybhan Singh and others), Case Crime No. 112 of 2020 under Sections 419, 420, 467, 468 IPC, Police Station Sigra District Varanasi be set aside and quashed".
It appears that an FIR dated 29.2.2020 was lodged against the applicants alleging that they have fabricated a fraudulent contractor registration form which on enquiry has been found to be forged.
It is contended by the learned counsel for the applicants that there is no allegation in the FIR that the concerned department has suffered any financial loss. It is further contended that the charge sheet has been mechanically filed by the Investigating Officer by means of final report dated 28.7.2020 on which, cognizance has been taken by the Chief Judicial Magistrate on 29.9.2020.
Learned A.G.A. on the other hand has opposed the application.
Considering the facts and circumstances of the case and the fact that the trial in the matter has commenced, this Court does not deem it fit to interfere in the trial in this application under Section 482 Cr.P.C. It is for the applicants to move an appropriate application before the Magistrate concerned seeking such relief as may be advised and available to them under law.
For a period of 15 days from today, no coercive steps shall be taken against the applicants in the aforesaid case.
With the aforesaid observations, this application is disposed of.
Order Date :- 6.1.2021 sfa/ (Jayant Banerji, J)