- (1.) This application under Section 482 Cr. P.C. has been filed with the prayer to quash the proceedings of criminal complaint case no. 3687 of 2014 (Mahendra Prasad Upratee Vs. Subhash Chandra and others) under Sections 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Sikandra, district Agra.
(2.) Submission of the learned counsel for the applicants is that initially a complaint was filed by the opposite party no. 2 Mahendra Prasad Upratee against one Subhash Chandra, non applicant, and Indrajeet Singh and Smt. Manjeet Kaur, present applicants, which was dismissed under Section 203 Cr. P.C. Revision was filed by the complainant opposite party no. 2 and the revision was allowed. Matter was remitted back to the court concerned for passing fresh order after hearing the party. Magistrate concerned passed the summoning order dated 23.6.2015 which is under challenge whereby the applicant Indrajeet Singh and Manjeet Kaur along with non applicant Subhash Chandra were summoned to face the trial. Learned counsel for the applicants submitted that they have no concern with the present offence as is clear from the complaint itself. Complainant was trying to obtain loan from the bank, therefore, he has submitted papers to the bank. At the most non applicant Subhash Chandra may be involved in the matter but the applicants being non beneficiary cannot be prosecuted for the said offence. It was further argued that no prima facie case is made out against the applicants. Applicants have been falsely implicated in the present matter.
(3.) Learned A.G.A. opposed the submissions made by the learned counsel for the applicants.;