KRISHNA NARAYAN KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the revisionist, the learned A.G.A. for the State and perused the record.

(2.) The instant revision has been preferred against the judgment and order dated 25.10.2016 passed by the learned Judicial Magistrate, Jalaun at Orai whereby the complaint filed by the revisionist as Complaint Case No. 1463 of 2012, under Sections 499 and 500 I.P.C., police station Kotwali Orai, district Jalaun has been rejected under Sec. 203 Cr.P.C.

(3.) It is submitted by the learned counsel for the revisionist that a complaint was filed by the revisionist against the then Chief Judicial Magistrate hereinafter referred to as the Presiding Officer that the latter has dictated a letter in an open court to the District Magistrate and a copy of which was forwarded to the Forest Department on 4.9.2012 which has lowered the reputation of the complainant who is practising Advocate of District Jalaun and also representing the cases of Forest Department. Hence the then Chief Judicial Magistrate, the Presiding Officer, is guilty of offence punishable under Sections 499 and 500 I.P.C. It is further submitted that for the prosecution of a government servant the complainant had followed the procedure for taking permission from the Honourable Chief Justice who was pleased to direct the District Judge, Jalaun at Orai to pass appropriate order and thereafter after holding an enquiry sanction was obtained for prosecuting the then Chief Judicial Magistrate. The statement of the applicant was recorded under Sec. 200 Crimial P.C. while Narain Das and Jairam were examined in support of the complaint under Sec. 202 Crimial P.C. The complaint has been dismissed in a collusive manner under the pressure of his colleague when from the contents of the complaint prima facie a case under Sec. 500 I.P.C. is made out as the ingredient of Sec. 499 I.P.C. pertaining to the definition of deformation clearly makes out a case against the then Chief Judicial Magistrate for punishable under Sec. 500 I.P.C. and as the complaint has wrongly been rejected intentionally without applying judicious mind, which is illegal and is liable to be set aside.