ASHWINKUMAR MOTILAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed to quash and set aside order dated 18 -7 -2012 passed by the learned 7th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Inquiry No. 8 of 2011 and also order dated 13 -8 -2012 passed by the learned Sessions Judge, Gandhinagar, in Criminal Revision Application No. 61 of 2012.

(2.) THE present petitioner, original complainant -Ashwinkumar Motilal Parmar, who was serving in the cadre of Gujarat Forest Service Class I, lodged a complaint against respondent No. 2 before the learned Judicial Magistrate, First Class, Gandhinagar, for the offences punishable under Secs. 466, 468, 471 and 474 of the Indian Penal Code inter alia alleging that respondent No. 2 accused participated in interpolation and fabrication of documents and by that he has drawn proceedings relating to Departmental Promotion Committee meeting in the office of Secretary to Government, Forest & Environment Department whereby name of Shri B.D. Chauhan, whose name was not mentioned in the record, was inserted in the process and by that illegal and unauthorised promotion has been given to Shri B.D. Chauhan. It was mainly alleged that respondent No. 2 has drawn interpolated public documents and with negligent act and criminal intention committed an act and omission by interpolating the record and shown to be true record and proceedings for decision making process and though name of petitioner complainant was required to be considered for promotion, as alleged above, his name was not shown and instead, name of Shri B.D. Chauhan was shown and by that, criminal act is committed as above.

(3.) HEARD learned advocate, Mr. D.A. Bambhania for the petitioner, Mr. Tushar Mehta, learned Addl. Advocate General for the respondent No. 1 and learned advocate, Mr. C.H. Vora for the respondent No. 2.