MANOJ SHRIVASTAV Vs. DEVDATT TRIPATHI

JUDGEMENT

(1.) ACCUSED applicant Manoj Shrivastav, the then SDM, Mhow (presently posted as Collector, Indore), is aggrieved by the order dated 31.7.2000, passed in Revision (No. 47/1999) by 1st Addl. Sessions Judge, Mhow, setting aside the order dated 14.12.1998, passed by Addl. Chief Judicial Magistrate, Mhow, dismissing complaint filed by respondent No. 2 against the applicant and respondent No. 1 Devdatt Tripathi, the then SDO(P), Mhow, alleging commission of offence, u/ss. 341,342,500 r/w section 109 and 120B of IPC.

(2.) THE incident is said to have taken place on 7.11.1990 when curfew was clamped in Mhow town. Respondent No. 2, a local Advocate, was arrested by Police for alleged violation of the order of curfew, u/s 188 of IPC. Admittedly he has been acquitted of the said charge after trial.

(3.) FACTUAL matrix of the case as stated by the complainant himself in his complaint and borne out further from the evidence recorded u/ss. 200 and 202 of CrPC, clearly revealed that offences in question were committed by the accused persons while discharging their duties as SDM and SDO (P), Mhow.