SUKHNANDAN AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed by the applicant under sections 397, 401 and 482 of Civil Procedure Code (in Brief "Code") against the order dated 22 -9 -2004 passed by First Additional Sessions Judge, Sagar in S.T. No. 39/92 whereby an application under section 343(2) of Code filed by the applicant has been rejected.

(2.) THE brief facts which are necessary for disposal of this revision are that, present applicant was working as Sub -inspector of Police at P. S. Sagar during the period of March, 1989, on 10 -3 -1989 an offence as Crime No. 105/89 under section 302/307 of Indian Penal Code was registered by said Police and the investigation was held by the applicant and submitted the charge -sheet against the accused of that case namely Jams Tiger @ Jomendarson @ Jogendra Singh and after concluding the trial on appreciation of evidence accused Jams Tiger was acquitted vide judgment dated 30 -7 -1991 by the Sessions Judge, Sagar in S. T. No. 131/89 and as per para 34 of judgment it was found that the present applicant had fabricated and produced false and forged evidence in the said case which was punishable up to the extent of death sentence and therefore a show cause notice against the present applicant for the aforesaid act under section 194 of Indian Penal Code was directed to be issued by the same judgment and for this purpose a Misc. Criminal case was also directed to be registered.

(3.) MEANWHILE , according to the applicant the State of Madhya Pradesh has filed an appeal against the acquittal of sole accused Jams Tiger which is still pending as Criminal Appeal No. 1072/1991 before the High Court of Madhya Pradesh at Jabalpur.