SHIV SINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner being aggrieved by the impugned order dated 19.07.2019 in S.T. No. 707/2015 passed by learned Additional Sessions Judge Rewa, whereby the learned ASJ has rejected the application under Section 195 Cr.P.C, filed by the petitioner.

(2.) According to case, on the basis of letter received from S.P. Bhopal, Police has registered the F.I.R against the petitioner. Welfare Commissioner, appointed under Bhopal Gas Leak Disaster, Act 1985 has written a letter to S.P, Bhopal for registration of F.I.R. It is mentioned in the F.I.R that according to final order of Assistant Commissioner, Gas Claim Tribunal, Bhopal, petitioner has filed a certificate of State Transport Corporation, Habibganj Bhopal. On asking report from concerned department, it is informed that the sentence "petitioner with family resided at Bargkhedi" was added, thus, petitioner has manipulated the certificate. During trial, petitioner has filed an application under Section 195 Cr.P.C but same has been dismissed by the trial Court.

(3.) Learned counsel for the petitioner submits that without assigning any cogent reason, the learned trial Court has rejected the said application in arbitrary manner whereas there is express bar prescribed under Section 195 Cr.P.C against taking cognizance of offences, which have been committed during judicial or quasi-judicial proceedings. He further submits that the trial Court has miserably failed to appreciate the true scope of Section 195 Cr.P.C and has recorded an erroneous finding. Section 195 Cr.P.C created bar to take cognizance by a Criminal Court unless a procedure culled out U/s 195 Cr.P.C is followed. The said application for compensation was dismissed by the Tribunal vide order dated 13.04.1998 on the ground that it is not proved that the applicant was residing in affected area at the relevant point of time. He further submits that though the applicant had not claimed any benefit for his family members, the learned Tribunal observed that there was interpolation in the certificate produced by the applicant. He further argued that it is crystal clear that the allegation of submission of certificate by the applicant, was made during the proceedings undertaken by the Compensation Claims Tribunal and hence the bar under Section 195 Cr.P.C. is clearly applicable. Therefore, the impugned order dated 19.07.2019 passed by the learned trial Court is unjustified. In support of his contention he has relied upon the various pronouncement of the Hon'ble Apex Court in the case of Gopalakrishna Menon and another Vs. D. Raja Reddy and another reported in (1983) 4 SCC 240, Iqbal Singh Marwah and another Vs. Meenakshi Marwah and another reported in (2005) 4 SCC 370 and Senior Manager (P& D) Riico Limited Vs. State of Rajasthan and another reported in (2018) 1 SCC 79. With the aforesaid, he prays for allowing this appeal.