BHUWAN CHANDRA JOSHI Vs. KIRTI BALLABH

JUDGEMENT

(1.) APPLICATION dated 10.4.2013 was sent to the Hon'ble Chief Justice, Uttarakhand invoking the powers of this Court under Section 340 Cr. P.C. by the applicant Prakash Chandra Bhatt, who is the real brother of Kirti Ballabh. This Kirti Ballabh instituted a Complaint Case No. 521/2010 in the Court of Judicial Magistrate, Haldwani wherein Bhuwan Chandra Joshi and three others were summoned to face the trial under Section 504, 506, 452 IPC. The cognizance was challenged by the accused persons under Section 482 Cr. P.C. and this Court vide its judgment and order dated 19.2.2013 quashed the complaint case and also the order of cognizance passed by the Magistrate besides the imposition of fine of rupees ten thousand upon the complainant Kirti Ballabh, which he has deposited on 11.3.2013.

(2.) HAVING lost his complaint against Bhuwan Chandra Joshi and others, his brother Prakash Chandra Bhatt has made this complaint addressed to the Hon'ble Chief Justice of the Court invoking powers as aforestated.

(3.) AFTER quashing of the aforesaid complaint case, the information was sought under the Right to Information Act, which suggests that 10th and 11th July 2010 were the holidays being second Saturday and Sunday. So, the office was closed. Moreover, Hari Ram Viswakarma himself was not present in the office as he was out of station and had gone to Dehradun in connection with some official work. So, if Hari Ram Viswakarma himself was out of station and had gone to Dehradun in connection with his official work, then he could not have issued such a certificate showing that Bhuwan Chandra Joshi and Shyam Singh Ladwal had worked in the office on 10.7.2010 and 11.7.2010 from 10 AM to 6 PM in his presence. Issuance of such certificate by Hari Ram Viswakarma, a responsible officer of the Education Department, is a patent lie. So, the inquiry should be initiated against Bhuwan Chandra Joshi and Shyam Singh Ladwal in light of the facts of the above noted forgery.