Sunil Kumar @ Babloo vs State Of U.P. And Another

1. Heard Sri Kuldeep Singh Chahar, learned Counsel for the applicant, learned A.G.A. for the State of U.P., Sri Raghubir Singh, learned Counsel for the opposite party no.2 and perused the record.

2. This application under Section 528 of BNSS has been filed for quashing the entire proceedings of Case No.16686 of 2024 arising out of Case Crime No.0351 of 2023, under Sections 419 and 420 I.P.C., Police Station Kirawali, District Agra as well as charge-sheet dated 31.12.2023 and summoning order dated 12.08.2024.

3. The brief facts of the case are that opposite party No.2 lodged an FIR against the applicant, stating that he got forged character certificate executed in his favour despite a criminal case being pending against him. Consequently, an FIR under Sections 419 and 420 I.P.C. was lodged and after investigation, charge-sheet has been filed against the applicant under the said sections. The concerned court took cognizance of the offence and summoned the applicant.

4. It is submitted by learned Counsel for the applicant that the FIR has been lodged on false and concocted facts, and even if the prosecution case is accepted in its entirety, no offence is made out against the applicant. Therefore, the entire criminal proceedings are nothing but an abuse of the process of law.

5. Per contra, learned Counsel for opposite party no. 2 opposed the submissions advanced by learned counsel for the applicant but could not explain what offence is made out against the applicant.

6. Learned A.G.A. also opposed the submissions made on behalf of the applicant.

7. Considering the submissions of both parties and upon perusal of the record, it is evident that the only allegation against the applicant is that he procured a forged character certificate in his favour despite a criminal case being pending against him. The Investigating Officer, after recording the statement of the first informant, has filed charge-sheet before the court concerned under Sections 419 and 420 I.P.C. However, the allegations levelled and the evidence collected by the Investigating Officer do not prima facie disclose the commission of any offence punishable under the said sections.

8. Essentially, the ingredients of the offence of cheating, deceiving any person and fraudulently or dishonestly inducing that person to deliver any property, or to do or omit to do anything likely to cause damage or harm are missing in the present case. Therefore, the pendency of the entire proceedings amounts to nothing but an abuse of the process of law.

9. In view of the above, the present application is allowed and entire proceedings of Case No.16686 of 2024 arising out of Case Crime No.0351 of 2023, under Sections 419 and 420 I.P.C., Police Station Kirawali, District Agra as well as charge-sheet dated 31.12.2023 and summoning order dated 12.08.2024 are hereby quashed.

(Sanjiv Kumar,J.)

May 7, 2026

Amit