R RAJSHEKHARAN Vs. SANTOSH KUMAR SHARMA

JUDGEMENT

(1.) The applicants have filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 24/01/2019 passed in Criminal Revision No.28/2018 by 2nd Additional Judge to the Court of 1st Additional Sessions Judge, Panna whereby reversing the order dated 21/06/2018 passed by the Court of JMFC, Panna in an unregistered complaint (Santosh Kumar Sharma Vs. R. Rajshekharan and another).

(2.) The facts giving rise to this criminal revision, in short, are that respondent No.1-Santosh Kumar Sharma submitted a private complaint under Section 200 of the Code of Criminal Procedure, 1973 before the Court of C.J.M., Panna against the applicants for the offences punishable under Sections 120-B, 418, 420, 4466, 468, 474 and 500 of the Indian Penal Code alleging therein that complainant/respondent No.1, herein, was posted as Branch Manager in Madhyanchal Gramin Bank, Branch, Panna (M.P.) since 08/12/2014 and both the applicants having a malice against respondent No.1, transferred respondent No.1 to the Branch, Babupur, Distt. Satna. Mother and father of respondent No.1 are old aged persons having some physical ailments needs continue treatment for the ailments. Later on both the applicants cancelled the transfer order and re-transferred respondent No.1 to Branch, Laudi, District Chhatarpur and at that time respondent No.1 was on medical leave.

(3.) Being aggrieved by that transfer order respondent No.1 filed two writ petitions before this Court registered as W.P. No.13951/2016 and W.P. No.15260/2016. In both the writ petitions, the applicants filed affidavit alleging false and fabricated facts in the affidavit knowing well that these facts are false and suppressed the actual facts in the affidavit. Respondent No.1 lodged a complaint to this effect before Police Officers, but, he was advised that such type of proceeding can be initiated only by the Court. Thus, respondent No.1 filed a private complaint against both the applicants before the Court of C.J.M.. The said complaint was transferred to the Court of JMFC, Panna. Complainant examined himself and Laxmi Singh Verma, Ravindra Kumar Khare, Satyaprakash Niranjan before the Court of JMFC in support thereof. Learned JMFC after hearing both the parties not found any material to proceed against the applicants and vide order dated 21/06/2018 dismissed the complaint under Section 203 of Cr.P.C.