MAJOR SUBODH SHUKLA Vs. MAJOR R S DUDEE

JUDGEMENT

(1.) BEING aggrieved by the order arising out of order dated 17-7-2003 passed by V Additional Sessions Judge, Sagar in Criminal Revision No. 75/2003 parties being Ransingh Dudee Vs. Subodh Shukla arising out of private criminal compliant No. Unregistered dated 3-1-2003 Major Ransingh Vs. Subodh and another in which the Trial Court CJM, Sagar by its order dated 25-1-2003 rejected the complaint under Section 203, Cr. PC this revision has been preferred under Section 397 read with Section 401, Cr. PC and in alternative under Section 482, Cr. PC.

(2.) BRIEF facts giving rise to this application are thus. The complainant ram Singh Dudee had one brother Sepoy Hawasingh who was working in Jat regiment and martyred on Indo-Pak border in Indo-Pak War. To create martyrdom (memorial) R. S. Dudee who was major applied to the Collector for allotment of some land. He made two applications one on 9th November and second on 14th December, 2000. The case was registered as Revenue File No. 12-A/19 (3) 2000-2001. The revisionist petitioner obtained certified copies of these applications. It was found that the contents of the applications were misleading. The revisionist sent these copies to the Court of Inquiry. Thereupon proceeding were initiated against Dudee and he was sentenced to imprisonment and presently he is in jail.

(3.) WHEN the copies were sent to the Court of Inquiry Dudee mailed this against the revisionist and Rajendra Saini the Head Copyist of the collectorate that since he had enmity and jealousy with him being of the same department he could have tempered and forged documents in conspiracy with rajendra Saini. Therefore, he filed the private complaint under Section 200, cr. PC requesting the Court to register a case under Sections 109,120-B, 420, 406-471 and 500, IPC.