SMT PARVEEN BANOversusSTATE OF U.P. AND ANOTHER

        HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 482 No. - 12642 of 2024

Smt Parveen Bano
                                                     .....Applicant(s)
                               Versus
State of U.P. and Another
                                                        .....Opposite
                                                              Party(s)

Counsel for Applicant(s)     : Mohd. Samiuzzaman Khan, Nayab
                               Ahmad Khan, Obaidur Rahman
                               Khan, Ravindra Sharma
Counsel for Opposite Party(s):

Court No. - 82
              HON'BLE PADAM NARAIN MISHRA, J.

1. Heard Sri Obaidur Rahman Khan, learned counsel for the applicant
and learned A.G.A. for the State.

2. The present application u/s 482 Cr.P.C. has been filed with a
prayer to quash the entire proceedings of Criminal Case No. 220 of
2023, arising out of Case Crime No. 47 of 2021, under Sections 419,
420, 468, 471, 120B, 171D of IPC, P.S. Pawai, District Azamgarh, as
well as charge sheet dated 22.09.2022, pending in the Court of
Additional Chief Judicial Magistrate, Azamgarh.

3. The brief fact of the present case is that the opposite party no.2
(Station Officer, Pawai, Azamgarh) lodged FIR on 20.04.21 u/s 419,
420, 467, 468, 471, 120B, 171D IPC with Pawai police alleging
therein that the Opposite Party No. 2 along with his police team was
on patrolling to maintain law and order in the ongoing local body
election, received information through mobile phone that at polling
booth no. 171, 172, 173 at village Hajipur Kudrat a mob of man &
women, in order to ensure victory of their candidate Ahmad @
Guddu, were casting votes on fake voter Identity Card & Aadhar
Card. Having received such information, the Opposite Party No. 2
approached with alacrity and arrested 10 women & 01 man namely
Lareb. On search of arrested person, they were found to have
possessing voter I.D. card of some other person and the accused
Lareb was arrested from nearby mosque with 100 Aadhar Cards &
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117 other Voter I.D. Card. The act of the arrested person being
offence punishable u/s 419, 420, 467, 468, 471, 171D, 120- B of
I.P.C., were taken into custody.

4. The learned counsel for the applicant submitted that she has been
falsely implicated in the present case. He further submitted that the
applicant belongs to a respectable family and is a peace loving, God
fearing and law abiding citizens without any past criminal record. He
further submitted that in fact nothing incriminating material was
recovered from the possession of the applicant but the Police in
connivance with the rival candidate arrested the applicant only for
being the ardent supporter of Ahmad @ Guddu. He further submitted
that the applicant is an illiterate and rustic house wife belongs to rural
arena of district Azamgarh and also a voter of same poling booth. He
further submitted that the allegations made in the FIR and the
statement recorded u/s 161 CrPC do not attract at all the provisions
of Sections 419, 420, 468, 471, 171D, 120B IPC. He lastly submitted
that impugned charge sheet is manifestly attended with mala fide
intention as much as has been maliciously lodged with an ulterior
motive for wreaking vengeance on the applicant and with a view to
spite them due to private and personal grudge of the opposite party
no. 2.

5. Learned AGA opposed the submission advanced by the learned
counsel for the applicant. He further submitted that the Investigating
Officer submitted the charge sheet after duly investigating the matter.
He future submitted that the forged voter ID Card was recovered from
the possession of the applicant. Prima facie offence has been made
out against the applicant, thus, the present application is liable to be
dismissed.

6. Having considered the rival submissions of the learned counsel for
the parties and perusing the material available on record, it is evident
that no specific allegation has been made in the FIR of actual
impersonation and thereby casting votes. The FIR does not
specifically state that the applicant actually cast a vote by
impersonating another voter. Further, nothing is on the record to
show that the applicant prepared, forged or manufactured any
document for the purpose of causing impersonation and thereby
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casting vote. The mere allegation against the applicant is that she
was having in her possession a forged voter id card. Mere
possession of a document without any evidence of its use or
preparation, does not automatically attract serious offences of
forgery. Moreover, alleged recovery is not supported by any
independent witness. Further it is also important to mention here that
it is not disputed that the applicant herself is a voter of the same
polling booth, therefore, casting of forged vote instead of genuine
vote is appeared to be unnatural.

7. At this juncture, it is inevitable to discuss the legal position
pertaining to the matter in hand. Forgery is sine-qua-non of offences
under sections 467, 468 and 471 IPC. Preparation of false document
or false electronic record or part thereof is condition precedent for
offence of forgery. Making of false document is defined under section
464 IPC. The said section 464 demonstrates that a person is said to
have made false document if; (a) he executed a document claiming to
be someone else or authorized by someone else; or (b) he altered
and tempered a document; or (c) he obtained a document by
practicing deception or from a person not in control of his faculties.

8. The basic ingredients of forgery are (1) the making of a false
document or part of it and (2) such making should be with such
intention as is specified in the section, viz, (a) to cause damage or
infringe to (i) the public, or (ii) any person; or (b) to support any claim
or title; or (c) to cause any person to part with property, or (d) to
cause any person to enter into an express or implied contract; or l(e)
to commit fraud or that fraud may be committed

9. The condition precedent for an offence under Sections 467 and
471 is forgery. The condition precedent for forgery is making a false
document (or false electronic record or part thereof). This case does
not relate to any false electronic record. In the present case, no
evidence has been taken on record as to show that the applicant has
forged the alleged voter id card

10. Considering the facts and circumstances of the present case, the
present case is fit case for the exercise of the inherent power
enshrined u/s 482 of Cr.P.C. In exercise of inherent power enshrined
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                                    u/s 482 of Cr.P.C., the present application is allowed.

                                    11. The entire proceedings of Criminal Case No. 220 of 2023, arising
                                    out of Case Crime No. 47 of 2021, under Sections 419, 420, 468,
                                    471, 120B, 171D of IPC, P.S. Pawai, District Azamgarh, as well as
                                    charge sheet dated 22.09.2022, pending in the Court of Additional
                                    Chief Judicial Magistrate, Azamgarh, is hereby quashed.

                                    February 10, 2026
                                    Israr
                                                                                (Padam Narain Mishra,J.)




Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad