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2014 DIGILAW 604 (ALL)

Shokendra v. State of U. P.

2014-02-18

VIRENDRA VIKRAM SINGH

body2014
JUDGMENT Virendra Vikram Singh,J.: - Heard learned counsel for the applicants and learned AGA. 1. By moving the present application under Section 482 , Cr.P.C. order dated 19.12.2013 in S.T. No.1388/2010, State Vs. Shokendra and others, under Sections 406, 415, 467, 468, 471, 472, IPC and 3(1)10 SC/ST Act, P.S. Kanker Khera, District Meerut has been prayed to be quashed. By the impugned order the Additional Sessions Judge/Special Judge (SC/ST) Act decided that against the accused persons a prima facie offence under Sections 406, 415, 467, 468, 471, 472, IPC and 3(1)10 SC/ST Act is made out and fixed date for framing the charge. 2. It has been argued that the offence in question is simply a chit fund irregularity for which the remedy lies under Section 64 of the Chits and Fund Act before the Registrar, Chit Fund. 3. The offence in question does not appear to be a dispute regarding chit fund. If the prosecution version be accepted, the accused persons, the present applicants made false representations about the scheme which infact never existed and obtained huge amount of money from different persons embezzled the amount. There exists a prima facie offence against the applicants. 4. While framing charge the trial Court is not supposed to decide the question of conviction against the applicants, but it has to simply see whether there are grounds for proceedings against the accused persons, as it has been decided by the Apex Court in the case of Amit Kapoor Vs. Ramesh Chander and another, (2012) 9 SCC 460 . 5. There is nothing illegal in the impugned order and in no case the same can be defined as the abuse of process. The application lacks merit and is, hereby, dismissed.