LAXMI KANT Vs. STATE OF C G

JUDGEMENT

(1.) THIS order shall govern Criminal Revision No. 29/2005 preferred against the order dated 29.10.2004 passed by Shri A.L. Dahariya, 1st Additional Sessions Judge, Mahasamund in Sessions Case No. 125/2003 whereby the application filed by the Applicant herein under Section 193 read with Section 465 and 227 of the Code of Criminal Procedure was dismissed and Criminal Revision No. 78/2006 whereby the order dated 9.1.2006 passed by the aforesaid learned 1st Additional Sessions Judge framing charges under Sections 195, 209, 211, 466, 469 and 471 of the I.P.C. against the Applicant is sought to be quashed.

(2.) BRIEF facts are that one Vinod Joshi filed a private complaint in the Court of Chief Judicial Magistrate on 19.07.2001 under Sections 448, 392, 323 and 506 I.P.C. against Netram Chandrakar, Bajrang Sonwani and Ravindra Shukla. After recording the evidence of the complainant under Section 200 and the witnesses under Section 202 Code of Criminal Procedure, Shri A.K. Gaikwad, the then Chief Judicial Magistrate, Mahasamund took cognizance of offence under Sections 451, 392, 323, 506 and 448 of the I.P.C. on 1.8.2001 and ordered issuance of notice to the aforesaid accused-persons. On 7.8.2001 when it was brought to the notice of Shri A.K. Gaikwad, the then Chief Judicial Magistrate that newspapers reports had disclosed that a case has been registered against Shri Vimal Chopra, President of the Municipal Council and a bailable warrant of arrest has been issued by the Court of Chief Judicial Magistrate, he made a preliminary enquiry and found that the name of Shri Vimal Chopra, President, Municipal Council, Mahasamund, C.G. was forged in the title of the complaint after cognizance had been taken by the Court against the accused No. 1 to 3. The learned Chief Judicial Magistrate reported the matter to the District Judge, Raipur and sought permission for a detailed enquiry.

(3.) ON 21.11.2001 Shri A.K. Gaikwad made a written complaint to the S.H.O. Police Station, Mahasamund for registering criminal case against Shri L.K. Tiwari. In the aforesaid complaint, he mentioned that although during enquiry Shri L.K. Tiwari, Advocate did not appear before him to make a statement, yet he had orally told him that the name of accused No. 4 Vimal Chopra was added by him at the time of filing of the complaint. Shri A.K. Gaikwad in his complaint directed the S.H.O. P.S. Mahasamund to investigate the matter and to file a charge-sheet.