- (1.) The aforesaid two petitions, under Section 482 of Code of Criminal Procedure (In short 'Cr.P.C.'), have been filed by the petitioners with a prayer to quash the proceedings of Case No.414 of 2008, under Sections 409, 420, 467, 468, 471 IPC, Police Station Goshainganj, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate-IInd, Lucknow and also the impugned order dated 17.04.2010 passed by learned Additional Chief Judicial Magistrate-IInd, Lucknow whereby the petitioners of both the cases have been summoned under Sections 409, 420, 467, 468, 471 IPC to face trial.
(2.) Since, in both the petitions common questions of law and facts are involved, therefore, both petitions are being decided by this common judgement.
(3.) Brief facts for deciding this petition are that opposite party no.2-Sunil Kumar Awasthi filed an application under Section 156(3), Cr.P.C. before learned Additional Chief Judicial Magistrate-II, Lucknow against Chandra Shekhar Trivedi (Secretary), Shiv Ratan Singh (President) and Vibhuti Bhushan Pandey (Treasurer), the office bearers of Survodai Seva Sansthan, Gosainganj, Lucknow (In short 'Sansthan'), to lodge FIR against them with the allegations that they are misappropriating the rental income collected from tenants of 65 commercial shops constructed in the campus of Rampal Trivedi Inter College, Gosainganj (In short 'College'). The value of aforesaid shops are in crores and rent collected of the aforesaid shops are nearly Rupees 4 to 5 lac per year. In the revenue records dated 03.05.1972, 26.12.1995 and 24.10.2005, the ownership of aforesaid shops of the College is recorded as of State. The Sansthan have no property of its own. The members of the Management Committee of the college with intend to misappropriate the income of the college established the aforesaid Sansthan, whereas the College has its own Bank Account in the name of Vidhyalaya Vikas Kosh. The income from the property of the college required to be deposited in the Bank Account of the College and the liability for depositing the aforesaid income lies upon the accused persons. Instead of depositing the aforesaid amount in the account of the college maintained in the Bank the accused persons are utilizing the aforesaid rental income by committing forgery in the record. In the aforesaid forgery several departmental officers and officials are involved. It is also alleged by the opposite party no.2 in the application under Section 156(3), Cr.P.C. that he had given personally an application for lodging report to S.O., Gosainganj, Lucknow on 14.07.2008. In this regard, he also sent an application to SSP, Lucknow through speed post on 15.07.2008 but inspite of it, report could not be lodged. Thereafter, the opposite party no.2 moved the application under Section 156(3), Cr.P.C. before the learned Magistrate. The learned Magistrate treated it as a complaint case and proceeded to record the statement of complainant under Section 200, Cr.P.C. and his witnesses under Section 202, Cr.P.C. Thereafter, the learned Magistrate vide order dated 17.04.2010 summoned the petitioners to face trial under Sections 409, 420, 467, 467, 471 IPC.;