PREM SHARMA Vs. SHIVPRAKASH MISHRA

JUDGEMENT

(1.) This Criminal Revision under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 is preferred for quashing the order dated 30/12/11 passed by I Additional Sessions Judge, Gwalior in Criminal Revision No.170/09 reversing the order dated 19/01/09 passed by the Additional Chief Judicial Magistrate, Gwalior in Criminal Case No.13451/06 (State of M.P., Vs. Prem Sharma) whereby the petitioner herein/accused has been discharged from the offence punishable under Sections 420, 467, 468 and 471 of IPC and remanded the matter back to the Additional Chief Judicial Magistrate, Gwalior for reconsideration of framing the charge against the petitioner herein/accused.

(2.) The relevant facts for adjudication of this case are that the respondent No.1 herein/complainant, Shivprakash Mishra filed a written complaint on 26/09/04 at Police Station, Gole Ka Mandir, District Gwalior alleging that the petitioner herein who is Prem Sharma S/o Baldev Raj Sharma got the job on the post of Technical Assistant in the Lakshmi Bai National Institute of Physical Education, Gwalior (For short, LNIPE) on the basis of Higher Secondary School Certificate issued by the Board of Secondary Education,Madhya Pradesh, Bhopal in favour of one Shiv Prasad Mishra S/o Baladeen Mishra with the help of the officials of the LNIPE and continuously doing the job in the name of that person whereas the original Shiv Prasad Mishra S/o Baladeen Mishra is working as Conductor in the Madhya Pradesh Road Transport Corporation, Gwalior (For short, MPSRTC). The complaint was enquired into and a case was registered on 11/10/04 at Crime No.369/04 under Sections 420, 467, 468 and 471 of IPC against the petitioner herein/accused, Prem Sharma alias Shiv Prasad Mishra. After completing the investigation, a charge sheet was submitted on 16/11/06 before the Judicial Magistrate, First Class, Gwalior against the present petitioner for the offence punishable under Sections 420, 467, 468 and 471 of IPC which was registered as Criminal Case No.13451/06.

(3.) The learned Additional Chief Judicial Magistrate, Gwalior after considering the material placed on record found that prima facie no case is made out against the accused and, therefore, discharged him from the offence punishable under Sections 420, 467, 468 and 471 of IPC. Being aggrieved thereof, the respondent No.1 herein/complainant/Shivprakash Mishra preferred a revision. The Revisional Court vide the impugned order dated 30/12/11 allowed the revision and remitted the matter back to the Additional Chief Judicial Magistrate, Gwalior for reconsideration of the matter of framing charge against the accused. Challenging the aforesaid remand order, this revision petition is preferred by the petitioner herein/accused.