RAMNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE criminal revision has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment dated 28.2.2001 passed by Sessions Judge, Surguja (Ambikapur) in Cr. A.No. 2/2000, whereby the judgment of conviction and order of sentence dated 10.1.2000 passed by Chief Judicial Magistrate, Ambikapur in Criminal Case No.2338/87, has been affirmed, dismissing the appeal of the applicant.

(2.) CASE of the prosecution, in brief, is that pursuant to the warrant of arrest issued against non-applicant Karia under Section 107,116(3) of Cr.P.C. in Misc. Criminal Case No.564/87 pending in the Court of SDM, Ambikapur, non- applicant Karia appeared before the Court of SDM, Ambikapur. Applicant Ramnath had come to the Court alongwith non-applicant Karia for the purpose of his bail. The applicant went to the Reader to the SDM, Ambikapur and by pretending himself to be Genda, s/o Manglu, submitted the Rin Pustika, which was in the name of Genda, s/o Manglu, to Reader B.P. Soni. However, on suspicion, when Reader BP. Soni again asked the name of the applicant, then he disclosed his name as Ramnath, s/o Paras. Thereafter, Reader BP Soni submitted the said Rin Pustika before the SDM and informed him about the incident. The SDM sent a written report (Ex.P3) to Police Station Ambikapur for taking action against the applicant.

(3.) HEARD learned counsel for the parties, perused the LCR as also the impugned judgment.