Vipin Sinha, J. - (1.) Heard Sri N.I. Jafri, learned counsel for the applicant and learned A.G.A. appearing for the State. The present application under Sec. 482, Cr.P.C. has been filed for quashing of the chargesheet dated 17.3.2007 as well as entire proceedings of Criminal Case No. 936 of 2007 arising out of Case Crime No. 356 of 2003, under Ss. 342, 467, 468 and 471, I.P.C. pending in the court of Chief Judicial Magistrate, Ghazipur and for quashing of the summoning order dated 26.3.2007.
(2.) Learned counsel for the applicant Sri N.I. Jafri has contended that the applicant has been falsely implicated in pursuance of the F.I.R., which was lodged by opposite party No. 2 on 4.7.2003 at P.S. Nunhara, Ghazipur bearing Case Crime No. 644300356, under Ss. 342, 467, 468 and 471, I.P.C. He contended that the applicant has been falsely implicated at the behest of senior officer Markandey Singh, Dy. S.P., who in connivance with the officers of the Vigilance Department and who in pursuance of that connivance has facilitated the lodging of the F.I.R. against the applicant with the sole intention of harassing the applicant and teaching him a lesson. He further contended that during the course of the investigation, the investigating officer has recorded the statements of Mohan Lal, Amar Singh Yadav, Hari Singh Yadav, Ranjeet Singh Yadav, Kashinath Pandey and Rajendra Singh under Ss. 161, Cr.P.C. and thereafter has submitted a chargesheet against the applicant in the court of C.J.M., Ghazipur on 17.3.2007, a cognizance of which was taken by the learned Magistrate and summons were issued against the applicant on 26.3.2007.
(3.) Basic defence as taken by the learned counsel for the applicant is that the applicant has not committed any offence and that he had only acted and discharged his official duties that too only on the direction of his superior officer. He has been falsely implicated at the behest of his senior officer.;