LAWS(MPH)-2015-8-66

JAGDISH PRASAD SHRIVASTAVA Vs. STATE OF M.P.

Decided On August 10, 2015
Jagdish Prasad Shrivastava Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS criminal revision has been filed under section 397/401 of CrPC. For quashing the order dated 30.4.2015 passed by 3rd Additional Session Judge, Shivpuri in Sessions Trial No.88/2013 whereby while rejecting the prayer of discharge made by the petitioner, charge has been framed against the petitioner under sections 465,468,471,167,120B, 402 of lPC.

(2.) THIS prosecution has started on the basis of complaint made by Mondial alleging that he was the owner of the land of which a forged 'patta was prepared between Ram Kumar in connivance and with the help of some revenue officer and out of them, the prosecution found the present petitioner to be one of the persons responsible and have filed charge sheet against him.

(3.) DURING the course of hearing, at the stage of framing of charge, the petitioner came across an order of the civil Court about a litigation between Morarilal Sharma and Ramkumar wherein, the Civil Court has held that the property belongs to Ramkumar and this was confirmed by the Revenue Court. Petitioner tries to take the trial Court through that order, but the trial Court has not looked into that order at the stage of framing of charge and it is for that reason, the petitioner is before this Court.