ASHUTOSH SHARMA Vs. K L YADAV & ORS

JUDGEMENT

(1.) None for the respondents No.1 to 3 though served. Shri Prakhar Dhengula, Panel Lawyer for the respondent/State.

(2.) This petition under Section 482 of Cr.P.C. has been filed against the order dated 23.7.2011 passed by Second Additional Sessions Judge, Guna in Criminal Revision No. 54/2011 thereby affirming the order dated 28.1.2011 passed by Judicial Magistrate First Class, Radhogarh, District Guna by which the complaint filed by the applicant against the respondents No.1 to 3 for offences punishable under Sections 467, 468, 420 of IPC was dismissed under Section 203 of Cr.P.C.

(3.) The necessary facts for the disposal of this case are that a complaint was filed against the respondents by the applicant under Section 200 of Cr.P.C. alleging that on 31.12.2005 he had filed an application for batankan of his land and the final order was passed on 10.2.2009. The case was registered in the court of respondent No.1 and the complainant obtained certified copies of the record on 3.3.2009. On perusal of the said documents the complainant came to know that although he had filed an application on 31.12.2005 and the respondent No.1 had put his signatures and had mentioned the date 31.12.2005 below his signatures, however, after scoring out 05, 07 was mentioned showing as if the application was filed on 31.12.2007. Alongwith the application a Vakalatnama was filed on which the date 30.12.2005 was mentioned. It was stated that the order sheets from 31.12.2005 till 2.1.2008 were removed. The report dated 2.1.2006 was submitted by Patwari Halka. However, the case was rejected by the respondent No.3 against which an appeal is pending before the Court of SDO. Thus, it was alleged that the act of the respondents No.1 to 3 is punishable under Section Sections 467, 468, 420 of IPC.