VIMLA DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of CrPC, the Petitioner intends to assail the order dtd. 3/3/2016 passed by the 9 th Additional Sessions Judge, Bilaspur in Criminal Revision No. 31 of 2016.

(2.) By the said order dtd. 3/3/2016, the Court below has rejected the revision preferred by the Petitioner against the order dtd. 30/4/2015 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case No. 6425 of 2015 by which the learned Judicial Magistrate First Class has ordered to file a complaint in the Court of learned Chief Judicial Magistrate, Bilaspur against the present Petitioner for taking cognizance of offence in respect of an act of tampering with the copying stamp on a certified copy of an order in a proceeding under Sec. 145 of CrPC.

(3.) Brief facts of the case are that there was a dispute between the Petitioner and the Complainant, Rajnish Sahu, in respect of a property upon which a proceeding under Sec. 145 of CrPC was initiated by the Sub Divisional Magistrate, Bilaspur who had passed an order on 2/11/2012 in favour of the Complainant, Rajnish Sahu. Against the said order dtd. 2/11/2012, a revision petition was preferred by the present Petitioner before the 6th Additional Sessions Judge, Bilaspur, which was registered as Criminal Revision No. 109 of 2013. Pending the said revision before the 6 th Additional Sessions Judge, Bilaspur, the Complainant, Rajnish Sahu filed an application under Sec. 340 of CrPC alleging that the Revisioner/ Petitioner has tampered with the copying stamp in the certified copy attached with the revision petition so as to gain advantage of the period of limitation prescribed.