LAKHAN LAL BARONIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Revision has arisen in curious circumstances.

(2.) Revisionist Lakhan Lal Baronia is Principal of a college at Lalitpur. Opposite Party No. 2 Krishna Nandan Prasad Sinha is a teacher in the same college. University of Bundelkhand appointed opposite party No.2 Krishna Nandan Prasad as examiner and sent some answer books of B.A. in the year 1984 to him. It sent the railway receipt under separate Registered Post. For the purposes of this case it is not disputed that revisionist took delivery of the Registered envelope and answer books. He examined the answer books and realised remuneration from the University. Opposite Party No. 2 Krishna Nandan Prasad filed criminal complaint against the revisionist and a clerk of Post Office for offences under Sections 379, 403, 420, 427 and 461 read with Section 109, I.P.C. Revisionist was summoned. His plea was that during relevant period opposite party No. 2 was not available at Lalitpur as he had gone to Patna in connection with the death of his mother. He sent letter to the University intimating the above fact and then the University directed him to the delivery of registered envelope and the answer books and examine the answer books. Hence he took delivery, examined the answer books and realised his remuneration. Krishna Nandan Prasad moved an application for summoning Despatch Register and Register of Letters received from the revisionist. Obviously the purpose was to belie the defence case. It is not disputed that revisionist did not produce the register before the Magistrate. Then opp. party No. 2 Krishna Nandan Prasad moved application u/S.340, Cr. P.C. for filing Criminal complaint by the Magistrate against the revisionist for offence u/S. 175, I.P.C.

(3.) Despite objections by the revisionist learned Magistrate allowed application under S. 340, Cr. P.C. and directed filing of complaint against the revisionist for offence u/S.175, I.P.C.