MAYA SHANKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned counsel for the opposite party No. 2 and learned A.G.A.

(2.) The revisionist Sri Maya Shankar Singh, who was Forest Circle Officer posted at Check post Lalganj, District Mirzapur and one Triveni have filed this criminal revision against the order dated 25.11.2009 passed by the Judicial Magistrate, Mirzapur in Complaint Case No. 1233 of 2006-Tunnu Rai Vs. Maya Shankar Singh and another, relating to Police Station Lalganj, District Mirzapur, by which the revisionists were summoned to face the trial for the offences punishable under Sections 504, 506, 427 I.P.C. Thus, the summoning order passed against the Forest Circle Officer and another under Sections 504, 506, 427 I.P.C. is under challenge in this revision.

(3.) The facts of the case are that one Tunnu Rai, who is respondent No. 2 herein, filed the aforesaid complaint with the allegations that he (complainant Tunnu Rai) was posted as Gate man on daily wage basis to the Check-Post Lalganj, District Mirzapur. He was appointed on the said post on 27.11.1981 by order of the Divisional Forest Officer, Mirzapur. During service, he was transferred to various forest check-posts. He filed Writ Petition No. 27225 of 1995 claiming his regularization. In June, 1999, a seniority list was published by the Forest Department in which his name was placed at serial No. 5. His claim was rejected by the concerned Divisional Forest Officer. At that time, his main grievance was that the persons who were engaged subsequent to him and who were much junior to him, had been regularized. Thus, the respondent no. 2 filed Writ Petition No. 52230 of 2003 in this Court wherein this Court directed to the officers of the Forest Department to continue the respondent no. 2 in service and pay his salary. The stand taken in this matter by the respondent no. 2 was that there was sanctioned post of Gate-man at the relevant time and the respondent no. 2, as a matter of fact, was appointed as Gate-man under Uttar Pradesh Forest Manual, 1985. The respondent no. 2 was transferred to Madhian Range where he did not join. When the Forest Department called his explanation, the respondent no. 2 submitted that the said order dated 10.4.2006 was not communicated to him. Subsequently, he continued to work as Gate-man at Lalganj Check Post from 7.4.2006 to 12.6.2008, the period during which the offence is said to have been committed.