SURENDRA GUPTA Vs. BHAGAN DEVI

JUDGEMENT

(1.) By this petition under Section 482 Cr. P. C. Surender Gupta applicant prays that order dated 1. 6. 81. passed by Additional Sessions Judge, Buland-shahr, in Criminal Misc. case No. 9 of 1978 Smt. Bhagwan Devi v. Surejeet Kaur be quashed. The applicant was the Reader attached to the Rent Control and Eviction Officer, Bulandshahr between 1972 to 1975. Surjeet Kaur wife of Pritam Singh then purchased the shop. She moved application under sec. 21 of U. P. Rent Control and Eviction Act for its release. The shop was released on 12. 11. 75. Smt. Bhagwan Devi O. P. No. 1 claiming herself to be its tenant filed review application which was initially dismissed, but later on after remand by the appellate authority the order was set aside. In 1976 Sardar Pritam Singh sent a report to Central Bureau of Intelligence to I he effect that one Dayanand Swamp had committed forgery in the Proceedings of the RCEO leading to passing of Release order, after enquiry complaint was filed against Dayanand Swarup who was thereafter arrested. As a counter blast Daya Nand Swarup filed an application under Sec. 340 Cr. P. C. before DJ. Bulandshahr. In this application it was prayed that complaint be made against Har Govind Pandey DSO. Prem Singh Rent Control Inspector and the applicant for having forgery in the Records of the case relating to release of the shop. This appli cation was not pressed. It was therefore reje cted on 20. 7. 78, but soon thereafter another application was moved leading to the impugned order. The additional sessions judge after con sidering the evidence on records found that prim a facie there was a sufficient evidence on records to warrant a conclusion that they were guilty of having committed forgery and other manipulations in the Judicial Records in order to help the Landlord with this finding he directed the Rent Control Eviction Officer, Bulandshahr to file a complaint in a competent court of jurisdiction against the aforesaid 5 persons under sections 200 202/295/167/34 I. P. C. aggrieved thereby present petition was filed in this court. Section 341 Cr. P. C. provides that any person against whom an order under 340 Cr. P. C. has been passed may file appeal to the court which such former court in subordinate and superior court thereupon after notice to the parties concerned direct withdrawal of the complaint. Under sub clause (1) of this section any order passed under sub clause (1) becomes final and is not subject to any revision. The petitioner has not availed of this remedy. It does not appear from the affi davit and the counter affidavit on record that any appeal was filed by the petitioner under 341 Cr. P. C. The petition is therefore, dismissed. The stay order is discharged. .