The State Of U.P And Anr. vs Party(s)

2. Heard Sri Siddharth Sinha, learned counsel for the applicant and Sri Rajdeep Singh, learned A.G.A. for the State. None appears for opposite party no.2, though service has been effected and Power has already been filed on behalf of opposite party no.2.

3. This application has been filed with the following main reliefs: "WHEREFORE, it is most respectfully prayed that the aforesaid criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2012, U/s - 419 / 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, as well as the entire subsequent proceedings in pursuance of the same, may kindly be quashed. IT is further prayed that the summoning order dated 20 / 10 / 2012, passed in criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2 A482 No. 5205 of 2013 2012, U/s - 419 / 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, also may kindly be quashed. IT is further prayed that the N.B.W. itself as well as the order dated 22 / 02 / 2013, passed in criminal complaint case titled as, Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 /2012, U/s - 419 / 420 / 504 I.P.C. and Section 3(1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, ordering issuance of N.B.W. against the petitioner may also kindly be quashed. IT is further prayed that during the pendency of the present petition U/s - 482 Cr.P.C. in this Hon'ble Court, the entire proceedings of the criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2012, U/s - 419 | 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, may kindly be stayed."

4. It is the case of the applicant that opposite party no.2 filed an application under Section 156(3) Cr.P.C. on 22.11.2011 before the court of C.J.M., Lakhimpur Kheri against the applicant and other co-accused. The case was treated as complaint. The statement under Sections 200 and 202 Cr.P.C. was recorded and thereafter summon has been issued which is under challenge in this application. It has been submitted that there is no evidence against the applicant and the entire complaint filed by the complainant does not make out any case under Sections 419, 420, 504 IPC and Section 3(1)(x) of SC/ST Act. It has been submitted that the applicant was posted as Gram Panchayat Vikas Adhikari of the concerned Gulariya Patthar Shah Gram Panchayat, which is village Badaalpurwa. Learned counsel for the applicant has also annexed the transfer/posting letter dated 5.9.2011 of the applicant along with this application. It has been submitted that 3 A482 No. 5205 of 2013 the Pariwar Register has been prepared long back, prior to 2006 which indicates the caste of opposite party no.2 as Aarakh whereas opposite party no.2 is claiming that she is Pasi by caste which is a Scheduled Caste category.

5. Learned counsel for the applicant further submits that the Pariwar Register has not been prepared by the applicant, therefore, invoking Sections 419 and 420 IPC is bad. He submits that Section 419 refers to Section 416 IPC, wherein it is provided that a person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. He has further invited attention of this Court towards Section 420 IPC which provides that whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Learned counsel submits that a bare perusal of the complaint from Paras 1 to 6 does not indicate any such offence as envisaged under Sections 415, 416, 419 and 420 IPC.

6. It has been further submitted by learned counsel for the applicant that there is nothing on record which indicates that the applicant was involved in interpolation or making any forged document because the Pariwar Register was maintained by the Gram Panchayat since 2006, which was prepared and made by the then official.

7. Learned A.G.A. has opposed the case and has submitted that after looking into the statement under Section 200 Cr.P.C., it is evident that the offence under the SC/ST Act is made out and the summon issued by the court below is justified.

8. After going through the record, I find that it is a case where the 4 A482 No. 5205 of 2013 matter should be remitted back to the court below.

9. Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., taking all pleas available to him within a period of one month from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of six weeks thereafter, after affording opportunity to the aggrieved parties in accordance with law. The applicant is also granted liberty to appear through his counsel. For the period of ten weeks or till disposal of the said application, further proceedings in the aforesaid case shall remain stayed.

10. With the aforesaid observations/directions, this application stands disposed of. October 29, 2025 Sachin (Brij Raj Singh,J.) SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

2. Heard Sri Siddharth Sinha, learned counsel for the applicant and Sri Rajdeep Singh, learned A.G.A. for the State. None appears for opposite party no.2, though service has been effected and Power has already been filed on behalf of opposite party no.2.

3. This application has been filed with the following main reliefs: "WHEREFORE, it is most respectfully prayed that the aforesaid criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2012, U/s - 419 / 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, as well as the entire subsequent proceedings in pursuance of the same, may kindly be quashed. IT is further prayed that the summoning order dated 20 / 10 / 2012, passed in criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2 A482 No. 5205 of 2013 2012, U/s - 419 / 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, also may kindly be quashed. IT is further prayed that the N.B.W. itself as well as the order dated 22 / 02 / 2013, passed in criminal complaint case titled as, Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 /2012, U/s - 419 / 420 / 504 I.P.C. and Section 3(1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, ordering issuance of N.B.W. against the petitioner may also kindly be quashed. IT is further prayed that during the pendency of the present petition U/s - 482 Cr.P.C. in this Hon'ble Court, the entire proceedings of the criminal complaint case titled as, 'Laxmi Devi versus Vijay Gupta and others', vide Complaint Case No. - 18 / 2012, U/s - 419 | 420 / 504 I.P.C. and Section 3 (1) (x) S.C. / S.T. Act, 1989, P.S. - Palia, District - Lakhimpur Khiri, pending in the Court of C.J.M., Lakhimpur Khiri, may kindly be stayed."

4. It is the case of the applicant that opposite party no.2 filed an application under Section 156(3) Cr.P.C. on 22.11.2011 before the court of C.J.M., Lakhimpur Kheri against the applicant and other co-accused. The case was treated as complaint. The statement under Sections 200 and 202 Cr.P.C. was recorded and thereafter summon has been issued which is under challenge in this application. It has been submitted that there is no evidence against the applicant and the entire complaint filed by the complainant does not make out any case under Sections 419, 420, 504 IPC and Section 3(1)(x) of SC/ST Act. It has been submitted that the applicant was posted as Gram Panchayat Vikas Adhikari of the concerned Gulariya Patthar Shah Gram Panchayat, which is village Badaalpurwa. Learned counsel for the applicant has also annexed the transfer/posting letter dated 5.9.2011 of the applicant along with this application. It has been submitted that 3 A482 No. 5205 of 2013 the Pariwar Register has been prepared long back, prior to 2006 which indicates the caste of opposite party no.2 as Aarakh whereas opposite party no.2 is claiming that she is Pasi by caste which is a Scheduled Caste category.

5. Learned counsel for the applicant further submits that the Pariwar Register has not been prepared by the applicant, therefore, invoking Sections 419 and 420 IPC is bad. He submits that Section 419 refers to Section 416 IPC, wherein it is provided that a person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. He has further invited attention of this Court towards Section 420 IPC which provides that whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Learned counsel submits that a bare perusal of the complaint from Paras 1 to 6 does not indicate any such offence as envisaged under Sections 415, 416, 419 and 420 IPC.

6. It has been further submitted by learned counsel for the applicant that there is nothing on record which indicates that the applicant was involved in interpolation or making any forged document because the Pariwar Register was maintained by the Gram Panchayat since 2006, which was prepared and made by the then official.

7. Learned A.G.A. has opposed the case and has submitted that after looking into the statement under Section 200 Cr.P.C., it is evident that the offence under the SC/ST Act is made out and the summon issued by the court below is justified.

8. After going through the record, I find that it is a case where the 4 A482 No. 5205 of 2013 matter should be remitted back to the court below.

9. Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., taking all pleas available to him within a period of one month from today. After the said application is filed, learned trial court is directed to dispose of the same within a period of six weeks thereafter, after affording opportunity to the aggrieved parties in accordance with law. The applicant is also granted liberty to appear through his counsel. For the period of ten weeks or till disposal of the said application, further proceedings in the aforesaid case shall remain stayed.

10. With the aforesaid observations/directions, this application stands disposed of. October 29, 2025 Sachin (Brij Raj Singh,J.) SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench