Allahabad High Court
RAMESH CHANDRA UPADHYAYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court held that no case was made out against the accused and quashed the entire proceedings of Criminal Case No. 645 of 2019.
Summary
The applicant Ramesh Chandra Upadhyay filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No. 645 of 2019, which involved alleged forgery, cheating, and criminal conspiracy under IPC sections 419, 420, 467, 468 and 120B. The complainant, who was the second wife of Suresh Kumar Vishwakarma, had previously been married to another man and had not obtained a legal divorce before cohabiting with Vishwakarma. The court noted that a prior order dated 28‑10‑2018 by the Sahayak Vikas Adhikari authorized corrections in the family register, and that no appeal or challenge to that order had been filed. The investigating officer’s conclusion of forgery was held to lack legal basis because the document in question was not shown to be forged and the procedural requirement of an appeal had not been met. Consequently, the High Court quashed the entire criminal proceedings, allowing the complainant only the right to challenge the order through appropriate legal remedies.
Issues considered
- Whether the criminal proceedings under Sections 419, 420, 467, 468 and 120B IPC should be quashed under Section 482 Cr.P.C.
- Whether the alleged forgery of the family register can be established in the absence of a challenge to the order authorising the correction.
- Whether the investigating officer’s findings constitute an abuse of the jurisdiction of the magistrate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 419, 420, 467, 468
Subjects
- Section 482 Cr.P.C.
- quash of criminal proceedings
- forgery
- family register
- IPC offences
- magistrate jurisdiction
- appeal rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 16204 of 2020
Ramesh Chandra Upadhyay
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A., Mahendra Kumar Sharma
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicant, Sri Mahendra Kumar Sharma,
learned counsel for opposite party no. 2 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. 645 of 2019, arising out
of Case Crime No. 71 of 2019, under Sections 419, 420, 467, 468, 120B
I.P.C. P.S. Lalganj, District Mirzapur, pending in the Court of Judicial
Magistrate, Mirzapur.
3. Learned counsel for the applicant submitted that complainant is the
second wife of Suresh Kumar VIshwakarma. He has also submitted that she
was earlier married to Mr. Saarnath and without legally separating or
obtaining divorce decree she was living with Suresh Kumar Viswakarma. He
further submitted that proceedings against the co-accused Daya Shankar
Vishwakarma has already been quashed by the co-ordinate Bench of this
Court vide order dated 16.07.2024, which is quoted as under:-
"Allegations in the present case against applicants are that they have
committed forgery in the Family Register by deleting name of complainant
as wife of late Suresh Kumar and for that an F.I.R. was lodged and after
investigation, charge-sheet was filed not only against concerned officer, but
against its beneficiary also.
Learned counsel for applicants submits that corrections made in the Family
Register were on basis of an order dated 28.10.2018 passed by Sahayak
Vikas Adhikari, Mirzapur with a specific observation that in case anybody is
aggrieved, he or she could challenge it by way of filing an appeal. For
A482 No. 16204 of 2020
2
reference, aforesaid order in its entirety is reproduced hereinafter:
4. Admittedly, no one has challenged the aforesaid order including
complainant, neither said fact was taken note of during investigation nor
held by Magistrate and since entries were made on basis of an order as
referred above, which was never challenged in appeal or otherwise, as well
as there is no allegation that said document itself is a forged document,
therefore, conclusion drawn by Investigating Officer that accused persons
have committed forgery has no legal basis.
5. Accordingly, Court is of the opinion that no case is made out against any
of the accused persons.
6. Accordingly, entire proceedings of Criminal Case No. 645 of 2019,
arising out of Case Crime No. 71 of 2019, under Sections 419, 420, 467,
468, 120B I.P.C. P.S. Lalganj, District Mirzapur, pending in the Court of
Judicial Magistrate, Mirzapur are hereby quashed. However, complainant is
at liberty to challenge the above referred order in accordance with law.
7. With aforesaid observations/direction, this application is disposed of.
March 19, 2026
Israr
(Padam Narain Mishra,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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