JAFRUKHAN IMAMKHAN PATHAN Vs. PAVANKUMAR RAMESHCHANDRA JAIN

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Code of Criminal Procedure to quash and set aside the Criminal Complaint (case) No. 7 of 2002 filed before the Court of Judicial Magistrate, First Class, Bharuch, on 04.02.2002.

(2.) RESPONDENT No.1 Pavankumar Rameshchandra Jain presented a private complaint against the present petitioner and one more accused for the offences punishable under Sections 465, 471 and 114 of the Indian Penal Code. Present petitioner was Sarpanch of Palej Gram Panchayat, District Bharuch, while accused No.1 was the Talati -cum -Mantri, who is not before this Court. It is the case of the petitioner that on 23.12.2001, in an election held of Palej Gram Panchayat, he was elected as a member. There were 19 members in all. The record of the panchayat was always kept with the accused No.1 being Talati -cum -Mantri. As alleged in the complaint, there were groups in the members of the said panchayat. A meeting was to be held on 30.01.2002 of the panchayat, and according to the complainant, he had requested all the members and accused No.1 to form various committees in the said meeting to he held on 30.1.2002. As mentioned in para -3 of the application, in the said meeting, the group of the complainant proposed five names of the Executive Committee, which was, according to the complainant, supported by one of the members and was allowed by the committee with the support of 11 members. Likewise, it was proposed to form Social Justice Committee, Water Committee etc from the group of the complainant and those committees were supported by the 11 members of the panchayat. The minutes book were to be recorded by accused No.1 of the proceedings took place of the meeting held on 30.1.2002 and thereafter accused No.1 was required to record such proceedings in register. As soon as the meeting was over, complainant asked for the certified copy of the proceedings, which were not given by the accused No.1 and was given to the complainant on 2nd of February, 2002. When this certified copies were seen by the complainant, it came to his knowledge that proceedings of meeting held on 30.01.2002 were not correctly reflecting the said proceedings in the panchayat record, which were prepared by accused No.1, and intentionally fabricated and forged documents were prepared by him in abetment of present petitioner accused No.2, Sarpanch. This is sum and substance of the accusation. Therefore, this petition is filed to quash the said complaint filed by respondent No.1.

(3.) LEARNED Judicial Magistrate, First Class, Bharuch, forwarded this complaint for the police investigation under Section 156(3)of the Code of Criminal Procedure. Learned Advocate Ms. Renu Singh for learned Advocate Mr. Yogesh Ravani for the petitioner and learned APP Mr. M.R. Mengdey were heard in detail. While learned Advocate Mr. G.C. Ray for the respondent No.1 - original complainant is not present.