Arvind Kumar Mishra, J. - (1.) Heard learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) By way of the instant application, the applicant has sought for quashment of the charge sheet in Case Crime No.244 of 1995, giving rise to Case No.2290/2291 of 2002 State Vs. R.P. Gupta, under Section 120B I.P.C., Police Station Kotwali, District Kanpur Nagar.
(3.) The contention raised on behalf of the applicant is that the applicant has been charged for offence under Section 120B I.P.C., whereas, the same is not sustainable in view of the fact that by virtue of the position/post held by the applicant as Sub-Registrar, offence cannot be said to have been made out under Section 241 of the U.P. Registration Manual. The applicant is not required to go into validity or authenticity of the document meant for registration and he cannot refuse to register the document as such. The applicant was not indulged in criminal conspiracy and there is no direct evidence linking him in commission of the crime.;