BALENDRA PRASAD DWIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner being aggrieved by the order dated 11.04.2017 in S.T. No. 34/2015 passed by 13th Additional Sessions Judge, Bhopal, whereby the learned ASJ has framed the charges against the petitioner for offence punishable under Sections 420, 467, 468 and 471 of IPC.

(2.) According to case, in compliance of order, passed by learned JMFC Bhopal in private complaint, filed by Smt. Chadrakali Dwivedi/respondent No. 2 against the petitioner, police has registered the FIR. According to complaint, it appears that complainant is wife of the petitioner and petitioner has deserted her for more than 10 years. Complainant has five children, one is son and 4 are daughters. Since after marriage, the petitioner/accused used to beat her. Subsequently, the complainant has filed a proceeding for getting maintenance from the petitioner and in this proceeding, to prove the income of the respondent No. 2, the petitioner has filed a license of LIC agent and bank statement of the complainant. According to complainant, 10 years ago, on saying of the petitioner, complainant has given examination of LIC agent and thereafter petitioner has also taken her signature in form which are drafted in English. Complainant had never known that she is LIC agent, she came to know about the same when the petitioner has produced the document in Court proceedings. The petitioner gets commission of LIC and has also given income tax. For more then 10 years, commission in the name of her is being collected by the petitioner and her forged signature is being also marked by him in LIC policies. Moreover, petitioner is being withdrawn amount of commission from ATM belongs to her. She is under suspicious that the petitioner would have withdrawn the money by making her forged signature in withdrawal form before getting ATM card. The police authority has refused to take any action against petitioner, thus, the complainant has preferred private complaint before the Court.

(3.) After registering the FIR, police has inquired the matter and seized some documents from the Manager of LIC, Bhopal. Police has also seized two cheque from Bank Manager Axis Bank, branch MP Nagar, Bhopal. Some other documents have also been seized by the police to verify the signature. Police has also recorded the statements of complainant and other witnesses.