DHOOP SINGH Vs. TANTU

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 482 of the Cr.P.C., whereby Ist Additional Judge to the Court of Ist Additional Sessions Judge, Panna in Criminal Revision No.23/2011 affirmed the order dated 18.02.2011 passed by the Judicial Magistrate First Class, Panna in unregistered complaint case. Respondent/complainant has filed a complaint case in the Court of J.M.F.C., Panna against the petitioner.

(2.) According to the complainant/applicant he is son of deceased Gayadeen. Deceased Gayadeen was owner of land bearing khasra No.894, area 0.97 hectare but in the year 1968, area 0.05 hectare was mutated in the name of Respondent/non-applicant Tantu S/o Gayadeen and also his name has been mentioned in the Revenue records since 1997-1998. Actually, respondent No.1 are two brothers one himself and second was Nanhe, who died on 111.1996. After death of father of the respondent No.1, namely, Pota Aheer, his wife was married with the deceased Gayadeen (father of the complainant/applicant) by Kari Pratha, thereafter, complainant/applicant was born.

(3.) Respondent Tantu had filed an application for correction in the Revenue record in the year 1998 and as per order of Revenue Authority name was corrected and mentioned the respondent Tantu S/o Pota Aheer in the place of Tantu S/o Gayadeen. After that, the land has been sold to Smt. Radha Rani and Smt. Girja Rani, then the complainant/applicant has received information about selling the aforesaid land, therefore, he has filed a civil suit in the Court of Civil Judge, Class-II, Panna. The said Court passed an order/decree in his favour. On the abovementioned allegation the applicant/complainant has filed a complaint case against the respondent and alleged that the respondent has made a false statement before the Court and cheated to him by mentioning wrong name in the Revenue record. On the basis of complaint case, learned trial Court has called report from the police and recorded the statement under Sections 200 and 202 of the Cr.P.C. Thereafter, the learned trial Court has dismissed the complaint case under Section 203 of the Cr.P.C.