Raj Mani Chauhan, J.@mdashHeard learned Counsel for the petitioner and learned Additional Government Advocate for the State as well as
perused the documents available on record.
2. This petition u/s 482 of the Code of Criminal Procedure (hereinafter referred to as the ''Code'') has been filed by the petitioner with the
following prayers:
It is most respectfully prayed that this Hon''ble Court may kindly be pleased to quash the charge-sheet No. 509/09, under Sections 419, 420,
467, 468, 471 IPC in Crime No. 5159/2009 which is pending in the Court of Chief Judicial Magistrate, Faizabad.
3. The submission of learned Counsel for the petitioner is that the petitioner is a practicing lawyer in the District Court, Faizabad. The allegation of
the complainant against the petitioner is that he had wrongly shown his enrollment number while the accused had not knowingly recorded his
enrollment number; rather it was a clerical mistake, therefore, no offence under Sections 419, 420, 467, 468, 471 IPC is made out. The charge-
sheet filed by the Investigating Officer is without evidence and is liable to be quashed.
Learned A.G.A. opposed the petition.
4. Considered the submissions of learned Counsel for the petitioner and learned A.G.A. for the State. From a perusal of the application moved by
the Opposite Party No. 2-Umesh Kumar Misra u/s 156(3) of the Code before the learned Chief Judicial Magistrate, Faizabad, it appears that the
learned Magistrate ordered to the S.O. of concerned P.S. to register and investigate the case. Consequently the police of P.S. Kotwali Nagar,
District Faizabad register a case and the Investigating Officer during the course of investigation found, prima facie, evidence in support of offence
under Sections 419, 420, 467, 468, 471 IPC and submitted charge-sheet against the accused. The learned Magistrate on the basis of the said
charge-sheet has summoned the accused which in my opinion does not suffer from any illegality and does not call for any interference.
The petition is devoid of any merit and is liable to be dismissed.
The petition is, therefore, dismissed.
5. However, keeping in view the facts and circumstances of the case as well as nature of offence, it is provided that in case the accused appears
before the court below and moves any application for bail, the same will be heard and disposed of by the court below expeditiously preferably on
the same day.
6. It is also provided that in case if the accused after his release on bail, moves any application for his discharge at the appropriate stage of trial, the
same will be disposed of by the Trial Court by passing speaking and reasoned order.