SANJAY SOMAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 CrPC has been filed seeking for quashment of order dtd. 31/8/2016 passed by the Additional District Judge (FTC), Raigarh, in Criminal Revision No.13/2016. Vide the said impugned order, the court below has framed the charge against the petitioner for the offence under Ss. 420,467,468,471 and 120-B IPC read with Sec. 34 of the IPC.

(2.) The allegations against the petitioner is that, while performing his duty as Tehsildar, Pusaur, he is said to have certified the Kisan Kitab in respect of one Rajesh Kumar Goyal. The property which stood originally in the name of Rajesh Kumar Goyal was further partitioned among the family members of Rajesh Kumar Goyal due to which Kisan Kitab was prepared and which is allegedly certified by the petitioner in the capacity of Tehsildar. Based on the said Kisan Kitab it is said that Rajesh Kumar Goyal and his family members have taken benefit from the government as well as from the National Thermal Power Plant for which the said land of Rajesh Kumar Goyal was acquired.

(3.) According to the petitioner, framing of charge against the petitioner is bad in law for the reason that original Kisan Kitab was not seized by the prosecution and in the absence of any original Kisan Kitab, the charge of having certified the same could not have been framed by the court below. The signature on the said certification of the Kisan Kitab itself is disputed by the petitioner. The trial court at the first instance vide order dtd. 3/12/2015 has ordered the prosecution to produce the original Kisan Kitab which the prosecution has failed and finally on 8/1/2016 the trial court on verification of the case diary found that infact the original Kisan Kitab has not been seized at all by the prosecution. The trial court has proceeded further with the case ignoring the observations made on 3/12/2015 as also on 8/1/2016 and has framed the charges as aforementioned.