NARENDER SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has impugned the order dated 11th April, 2008 dismissing his revision petition under Section 397 of Criminal Procedure Code against the summoning order dated 21st June, 2007 passed in FIR No. 363/2003, Police Station malviya Nagar, under Section 493/376 of the Indian Penal Code.

(2.) THE petitioner is a process server and the allegations against him are that he did not serve the summons of a case pending between Smt. Indu Malhotra and Pankaj Malhotra on 5th November, 2001 and fabricated the report. The report given by the petitioner indicates that he had visited Smt. Indu Malhotra at 12 noon whereas Smt. Indu Malhotra being a Government servant was at her office and not at the address the summon was alleged to had been served at that time. The allegation against the petitioner is that he never served the summons but handed over the same to Sh. Pankaj Malhotra, her husband who fraudulently obtained the signatures of Smt. Indu Malhotra and the report of the service was fabricated by the petitioner.

(3.) CONSIDERING the facts and circumstances it is apparent that there are specific allegations of fabricating the report on the summons of service at a time when the complainant was not present at her residence and being a government servant was on duty. The fabrication of the report was not done in the Court.