Dinesh Kumar Singh, J. - (1.) Heard Ms. Amrita Mishra, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. appearing for the State.
(2.) These applications have been moved for quashing of the order dated 2.1.2013 passed by the Additional Chief Judicial Magistrate, Court No. 2, Budaun in Criminal Case No. 3 of 2013 (State vs. Satyaveer and others) arising out of case crime no. 592 of 2012 under section 419, 420, 468, 471, 177, 181 IPC, P.S. Faizganj Behta District Budaun.
(3.) The case as mentioned in the FIR is that the opposite party no. 2 Kishori Lal came to know on 10.4.2012 about the case of Smt. Saroj Mishra (accused-applicant)) where-after he tried to find out about the same and came to know that Satyaveer (accused-applicant), Saroj Mishra (accused-applicant) and Mahendra had committed forgery in several papers in collusion with each other and had made the opposite party no. 2 an accused in a false case, because in the complaint and the statement under section 200 Cr.P.C., the occurrence is shown to have taken place on 27.7.2011 by Mahendra while Mahendra son of Saligram was detained in jail from 19.7.2011 to 28.7.2011 in case crime no. 664 of 2011 and hence how could he have seen the occurrence as he was detained in prison which was at a distance of 50 km. Either he gave false statement or some other person would have been sent to jail by forged name of the said accused. The opposite party no. 2 annexed documentary evidence relating to case no. 1226 of 2011 pertaining to Case Crime No.664 of 2011 and mentioned in the said written report that all the accused named-above had committed forgery in various documents by which they had misled the court as well as the police and gave false statement. It is also mentioned in the written application moved under section 156 (3) Cr.P.C. that concerning this occurrence, on 28.4.2012, an application was given to the police to register the case against the accused person but no action was taken.;