SUBODH SHUKLA Vs. 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 v. Subodh Shukla arising out of private Criminal Complaint No. Unregistered dated 3.1.2003 [Major Ransingh v. Subodh and another] in which the trial Court CJM, Sagar by its order dated 25.1.2003 rejected the complaint under section 203, Criminal Procedure Code this revision has been preferred under section 397 read with section 401, Criminal Procedure Code and in alternative under section 482, Criminal Procedure Code.

(2.) BRIEF facts giving rise to this application are thus. The complainant Ran 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.) THE CJM, Sagar, dismissed the complaint mainly on two grounds. Firstly that there is a bar under section 195 (1) (b) to proceed against the revisionist and secondly the Revenue Court has not found that any of its record to has be tampered and forged, therefore, Revenue Court itself did not take any suitable action. Another ground raised for dismissal of the complaint by the Court was that since the inquiry was pending before the Military authorities, the complaint was premature.