Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 26593 of 2009 Petitioner :- Yugul Kishore Respondent :- State Of U.P. And Another Petitioner Counsel :- Rajesh Kumar Chitragupt Respondent Counsel :- Govt. Advocate Hon'ble Ram Autar Singh,J.
Heard Sri Rajesh Kumar Chitragupt, learned counsel for the
petitioner, learned AGA for respondent no. 1 and 2 and
perused the record.
This petition has been moved under Article 226 of the
Constitution of India with prayer to quash the order dated
4.2.2009, passed by Chief Judicial Magistrate, Siddharth
Nagar and order dated 15.6.2009, passed by Sessions
Judge, Siddharth Nagar in criminal revision no. 81 of 2009
with this allegation that the Investigating Officer has not
conducted the investigation in a proper manner and has not
recorded the evidence of all witnesses before submitting the
chargesheet.
It appears from the record that an FIR was lodged by Dr.
V.N. Tiwari, Deputy Chief Medical Officer, Siddharthnagar
against Yugal Kishore and Kaushal Kumar, under sections
419, 420, 467, 468, 471 IPC alleging that the petitioner
produced a forged letter no. 265/89, dated 4.4.2002
allegedly issued by Section Officer, Government of U.P.
before the Chief Medical Officer, Siddharthnagar for being
appointed on the post of ward boy and later on it was
confirmed by the letter dated 5.6.2002, issued by the
Government that no such letter was issued by Government.
The police after completion of investigation submitted
chargesheet against the petitioner. The petitioner moved an
application before Chief Judicial Magistrate Siddharthnagar
for his discharge in the case as the said letter did not relate
to his appointment. The Chief Judicial Magistrate,
Siddharthnagar rejected the said application vide his order
dated 4.2.2009, aggrieved by which he preferred criminal
revision no. 81 of 2009, which was dismissed on merit by
Sessions Judge, Siddharthnagar vide his order dated
15.6.2009, on the ground that the said letter produced by the
petitioner before Chief Medical Officer, Siddharthnagar was
found forged, in view of the letter sent by Deputy Secretry,
Government of U.P.
In view of facts and circumstances of the case, prima facie
offences under sections 419, 420, 467, 468, 471 IPC against
the petitioner are made out and based on evidence and no
interference is required in this matter.
Consequently, this writ petition is dismissed. However the
learned Chief Judicial Magistrate is directed to expedite the
trial of the accused at the earliest preferably within a period
of six month.
Order Date :- 4.1.2010
AR