SUNEEL KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner who is an employee of the State Government, has filed this petition against :

(2.) IN para 3 of the petition, it is contended that the petitioner is aggrieved by the action of the private respondents in tampering with the evidence and 'challan' papers of the criminal case registered by the petitioner and in helping the culprits to get them discharged, and is also aggrieved by the action of the respondents in not taking any action against the "culprits" in the matter despite submission of representations in this behalf along with relevant documents.

(3.) THE petitioner in the petition has contended that on 11-4-1997 in the night at 02. 00 hours POR was registered by him against one Jahangeer Khan s/o Sabir Kuli Khan and 6 others and made seizure of tractor trolley and Neel Gai. It is contended that investigation of the case was made by Shri R. D. Sharma, Vanpal and on his proceeding on leave, it was made by C. N. Pachori, respondent No. 6. It is also contended that one Asgar Ali had applied for release of the seized tractor trolley on 'supurdginama'. Learned Judicial Magistrate, First Class, Vidisha, passed an Order on 18-6-1997 directing release of the tractor trolley on 'supurdginama' on his furnishing personal bond in the sum of Rs. 3,00,000/ -. The Forest Department challenged this Order before the Sessions Judge in Criminal Revision No. 93/97, decided on 4-9-1997, wherein the Order passed by the Judicial Magistrate, First Class, Vidisha, was set aside. The petitioner submits that thereafter the 'challan" (Annexure P-11) was filed. It is contended that the trial Court discharged the accused at the stage of charge. The discharge Order has not been filed with the petition. In para 5. XIII the petitioner contended that he made detailed representations to the respondents including the Lokayukt of Madhya Pradesh, copy whereof has been filed and marked as Annexure P-12. The petitioner further submits that the original documents were destroyed and the accused were saved by the authorities of the Department and thereby breach of public trust has been committed and fraud has been played upon the Court of law yet from top to bottom the authorities have not taken any action. It is prayed that a writ be issued directing the first respondent and the Lokayukt Sanghthan of Madhya Pradesh to hold an enquiry into the matter and to initiate criminal and civil proceedings against them in the matter, to direct the respondents to reopen the case registered by the petitioner and to command the fifth and sixth respondents to produce original 'challan' papers in the trial Court.