SANDEEP DIXIT Vs. STATE

JUDGEMENT

(1.) This is a criminal revision petition under Section 397/401 Cr.P.C. read with Section 482 Cr.P.C. assailing the order dated 15.02.2011 passed by the ld. ASJ whereby the revision petition filed by the State against the order passed by ld. ACMM, discharging the petitioner in FIR no. 176/2001 registered at P.S. Keshav Puram under Section 468/469/471/120B IPC , was allowed and it was ordered that charges be framed against the petitioner under Section 466 IPC.

(2.) The present case was registered on the basis of complaint dated 18.10.1999 made by Mr. Neeraj Bharti, SDM, Rajouri Garden stating that he had received a complaint from Ms. Rekha Chauhan (accused no.1 in the charge sheet) that Sanjay Kumar Malik (accused no.2 in the charge sheet) had submitted two affidavits dated 19.07.1999 with forged signatures of SDM, Rajouri Garden for the purpose of solemnization of their marriage. It was stated in the complaint that the SDM had seen the photocopies of the affidavits and certified that the signatures on the two affidavits were not his. It was alleged that the affidavits were produced before the priest of Arya Samaj Mandir and relying upon them, the marriage of Ms. Rekha Chauhan and Sanjay Kumar Malik was performed by him. As per the prosecution, the marriage register from the temple and the said forged affidavits were seized by the police and specimen signatures of various persons including the present petitioner were obtained for expert opinion and as per the report of GEQD Hyderabad, it was established that on the aforesaid affidavits, the words "Signed before me" and date "19.07.1999" were in the hand writing of the present petitioner. Charge sheet was filed against the above mentioned two accused persons along with the petitioner.

(3.) The ld.ACMM while discharging all the three accused persons opined that the charges against them were groundless and there was not even remote possibility of conviction of the accused persons. Again this order the State went in revision and the learned ASJ maintained the impugned order qua the accused Rekha Chauhan and Sanjay Kumar Malik, but reversed the findings of the learned ACMM qua the present petitioner and while allowing the revision petition ordered the framing of charges under section 466 IPC against the petitioner. The order of the learned ASJ has been challenged by way of present petition.