SANJAY SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition has been preferred under Section 397/401 of Cr.P.C. seeking the following reliefs: -

(2.) IT is the submission of the counsel for the petitioners that during the course of hearing on the application preferred under Section 167(2) of Cr.P.C. to bail out the petitioners, one false and fabricated document, i.e., a letter purported to be signed by the Superintendent of Police of District Shivpuri, namely, Shri Sanjay Kumar Singh was filed by the respondents with an ulterior motive to get rejection order of bail application filed under section 167(2) of Cr.P.C. before the police and on that basis an objection was raised by the Investigating Officer that offence under section 467 of I.P.C. has been registered and limitation prescribed to file charge -sheet was still there. On having being raised this objection deliberately and mischievously to misguide the court, the bail application of the petitioners was dismissed and because of that petitioners were put to suffer irreparable loss. It is submitted by the counsel that thereafter in the aforesaid crime, SST No. 1/09 was conducted and after that judgment of acquittal was passed on 10/5/11 from the court of Special Judge, Shivpuri. In paras 42 and 43 of the said judgment, it was held by the court that aforesaid letter of S.P. Sanjay Kumar Singh was false and fabricated one but even then no action had been taken against the respondents No. 2 to 4 under Section 194 and 195 of I.P.C. because it was not proved that by whom such letter was prepared. Application preferred under section 340 of Cr.P.C. was dismissed. Hence, it is prayed that appropriate directions be issued against the respondent No. 2 to 5, by setting aside the aforesaid order dated 6/7/2012 passed in MJC No. 34/11.

(3.) HAVING regard to the arguments advanced by the counsel for the parties, entire case has been examined.