NAGENDRA PRASAD Vs. RAM SUNDER PATEL AND ANOTHER

JUDGEMENT

(1.) The applicant has challenged the order dated 2.1.2004 passed by the learned Second Additional Judge to First Additional Sessions Judge, Sidhi in criminal revision No.109/2001, whereby the order dated 4.5.2001 passed by the learned Chief Judicial Magistrate, Sidhi in criminal case No.458/2001 was confirmed, in which the learned CJM has registered a criminal complaint against the applicant and other co-accused persons for offence punishable under sections 466, 471, 420, 120-B of IPC.

(2.) The facts of the case, in short, are that, the complainant Ram Sunder Patel had filed a criminal complaint before the Chief Judicial Magistrate, Sidhi that he was in possession through his brothers Ramgopal and Ramlakhan on the land bearing survey No.451 and 456 of village Dithora since the year 1953-54. The applicant was in habit to usurp the lands of various agriculturists and therefore, by a fraudulent manner, he got his name mutated on the aforesaid lands in the year 1989-90. Tahsildar, Rampur Naikin vide order dated 5.7.1997 directed to enter the name of Ramgopal and Ramlakhan in the revenue records. Thereafter, the applicant lodged an appeal before the SDO, Churhat and the matter was remanded that in case No.62 and 69 pending amongst the various parties may be considered and all aggrieved persons may be examined and thereafter, a fresh order be passed. However, reader of Tahsildar who was also made as an accused No.3 sent the matter to the accused No.1, who did not have the jurisdiction of village Dithora and thereafter, he passed an order which was not according to the compliance of order passed by the SDO and therefore, a wrong order was passed due to conspiracy. After considering the preliminary evidence, the learned Chief Judicial Magistrate, Sidhi registered a criminal complaint against the applicant and other accused persons. In criminal revision filed by the applicant and one Patwari Sheetla Prasad Choubey, the learned Additional Sessions Judge dismissed the revision.

(3.) I have heard the learned counsel for the parties.