VILAS KASHINATH PARAB Vs. NASHIKET PARAB

JUDGEMENT

(1.) Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel for the respondents waive service.

(2.) The respondent/complainant has filed a criminal complaint no.376/P/2010/D in the Court of Judicial Magistrate First Class at Mapusa under Section 190(A) of Criminal Procedure Code, thereby praying that the petitioner/accused has committed offences of forgery, cheating and use of false document, thereby punishable under Sections 198, 465, 468 and 420 of the Indian Penal Code. It is the case of the complainant that the petitioner, though was agebarred has fraudulently obtained the Government job by using false birth certificate, showing his age less.

(3.) The learned Judicial Magistrate First Class issued process under Section 198, 465, 468 and 420 of Indian Penal Code under Section 204 of the Criminal Procedure Code. The said order of issuance of process was challenged by the present petitioner in Criminal Revision Application No.52/2012, before the Additional Sessions Judge, Mapusa. The learned Additional Sessions Judge by passing reasoned order accepted the case of the petitioner on the point of forgery, offences punishable under Section 465 and 468 were not made out and therefore discharged the petitioner from the offences punishable under Section 465, 468 of the Indian Penal Code. However, the learned Additional Sessions Judge maintained the order of the learned Magistrate of issuing process for the offences punishable under Section 198 and 420 of the Indian Penal Code. Being aggrieved by the said order, the present petition is filed.