R K SHRIVASTAVA Vs. MULLO BAI KAHAR

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the order dated 25-8-1999 of the Judicial Magistrate First Class, Gadarwara in Criminal Case No. 564 of 1999 which has been affirmed in Criminal Revision No. 66 of 1999 by order dated 12-5-2000 of the Additional Sessions Judge, Gadarwara.

(2.) NON-APPLICANT Mullobai filed a complaint alleging that she has been cheated by the accused persons. Accused No. 1 Bhagchand was Patwari and accused No, 2 R. K. Shrivastava was the Tehsildar. The Magistrate recorded the statement of the complainant and her witnesses under Section 200 of the Code and perused the documents produced before him and was of the opinion that there is sufficient ground for proceeding against the accused persons. The complaint was registered under Sections 420 and 468, IPC. It was stated in the complaint that the lands bearing Khasra Nos. 379 and 381 of village Chichli were settled with her after taking an amount of Rs. 30,0007- from her. Rin Pustika was given to her by the Patwari as the document for settlement of the land with her. After sometime the Collector, Narsinghpur directed that the said illegal settlement be cancelled.

(3.) A revision was filed before the Additional Sessions Judge. He has held that there is prima facie case to proceed against the accused persons.