MADHUSUDAN TIWARI Vs. SHYAM SUNDER & ORS.

JUDGEMENT

(1.) This revision petition is directed against order dated 01.01.2011 passed by the Court of Shri Vijay Kumar Agrawal, First Additional Sessions Judge, Tikamgarh in Criminal Revision No. 148/2009, whereby the revision preferred by the respondent Nos. 1 to 3 has been allowed by setting aside the order dated 08.04.2009 registering private complaint against respondents, passed by Judicial Magistrate First Class, Niwari, District-Tikamgarh in complaint case No. 254/2009.

(2.) The facts necessary for disposal of this criminal revision may be summarized as hereunder: Applicant/complainant Madhusudan Tiwari worked as Assistant Accountant for a period of about six months in a factory by the name of "Eastern Minerals" belonging to accused No.7 P.C. Jain. Accused No.6 Sanjay Jain is son of aforesaid P.C. Jain and accused Nos. from 1 to 5 were Officers and Officials of the said factory. Accused Nos. from 8 to 11 were Officers and Officials of the Revenue or Police Departments of the State Government. A complaint was made by the office of Collector, to S.P. Tikamgarh to the effect that Ms. Eastern Minerals forged bank challans whereby the amount of advance royalty for mining was shown to have been deposited in the State Bank of India, in the year 2002; whereas no such amount was in fact deposited by the Factory. Pursuant to the complaint P.S. Niwari registered crime no. 138/2002 under Sections 420, 467, 468 & 471 of I.P.C.

(3.) It has been alleged in the private complaint filed by the complainant/applicant Madhusudan that the factory management colluded with officers of Police department and on 16.06.2002, accused Nos. 1 to 5 went to the house of complainant located in Village- Kudar and told him that accused Sanjay Jain wants to see him urgently. Accused Nos. 1 to 5 took complainant to the premises of factory, where accused Sanjay Jain alleged that complainant Madhusudan had committed a defalcation of Rs. 1,60,000/- by forging challans. Complainant Madhusudan was threatened, intimidated and was made to sign certain papers. He was also compelled to verify an affidavit on stamp paper before a notary in the factory premises. Thereafter, on 17.06.2002, accused persons P.C. Jain and Sanjay Jain lodged F.I.R. against complainant Madhusudan; whereon, crime no. 137/2002 was registered by P.S. Niwari. The complainant was arrested by P.S. Niwari on 05.07.02 and was tortured. The complainant lodged report of aforesaid incident with P.S. Sendri and sent copies of the same to Police and Revenue Authorities. P.S. Niwari has registered two offences namely crime nos. 137 and 138 of 2002 against complainant for the same offence. However, due to conspiracy hatched between accused Nos. 6 and 7 on one hand and police officers on the other, the name of accused no.7 P.C. Jain was not included in the charge-sheet filed in Crime No. 138/2002. Subsequently, on an application under Section 319 of the Code of Criminal Procedure filed by the complainant, the Court of Judicial Magistrate First Class got P.C. Jain impleaded in the case as accused.