SANTOSH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision filed on behalf of accused/petitioner Santosh Tiwari is directed against order dated 14-01-2016 passed by the Court of I Additional Sessions Judge, Mandla in Sessions Trial No.145/2015, whereby a charge under sections 420, 467, 468 and 471 read with section 34 of the Indian Penal Code was framed against accused Santosh Tiwari.

(2.) The case of the prosecution before the trial Court in brief was that main accused Santosh Kumar Ahirwar is Bhoomiswami of Survey No.695/2 admeasuring 1.600 hectares and his father Babulal is Bhumiswami of Survey No.832 admeasuring 1.130 hectares situated at village Thebha. Accused Santosh Ahirwar had earlier taken a loan of Rs.2,10,000/- from Kisan Credit Card by mortgaging aforesaid land with Chavi Branch of Central Bank of India. The loan was yet to be repaid. He wanted to take further loan on the same land; therefore, he forged revenue documents namely Khasra panchsala, Kishth Bandi Khatoni B/1, and report of Patwari etc. using computer printouts and forging signatures and getting forged seals of the designation of revenue officers/officials prepared. He submitted aforesaid forged documents in the bank for obtaining loan. The forged documents aroused suspicion of Bank Manager Chandan Kumar Raja, who sent the documents for verification to revenue officials. On learning that the documents were forged, a FIR was registered. During investigation it was found that Co-accused Aniruddha had prepared the print outs of Khasra panchsala (Form P/2) on his computer.

(3.) The order framing charge has been assailed on behalf of the petitioner Santosh Tiwari mainly on the ground that there is no sufficient material on record to presume that petitioner Santosh Tiwari got forged seals prepared from Ashriwad Emporium belonging to co-accused Manoj Sahu.