PARAMJEET SINGH Vs. DHARAM CHAND AND ANOTHER

JUDGEMENT

(1.) THE present petition filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') lays challenge to order dated 05.11.2012, passed by the Additional Sessions Judge, Sirsa, whereby the appeal preferred by the petitioner against order dated 18.11.2009, passed by Additional Chief Judicial Magistrate, Sirsa, has been dismissed. The facts relevant for the disposal of the present petition are that the petitioner filed an application for initiating proceedings under Section 340 of the Code, on the allegations that in a complaint 'Dharam Chand and others v. Malkiet Singh and others', the petitioner has been arrayed as accused No. 13. As per orders dated 01.01.2004 and 01.10.2004, passed by this Court, the applicant (petitioner herein) in discharge of his official duties sanctioned mutation bearing No. 3694 dated 03.03.2005 and in the mutation in column pertaining to name of cultivator and owner, had mentioned the previous entries, which reflect the names of Dharam Chand and Narayan Dass as owners. After entering the mutation, jamabandi was prepared showing both of them to be owners in possession. Complainants Dharam Chand and Narayan Dass knowing fully well that the statement given by them on oath before the Court is false qua the applicant had wrongly deposed that accused Nos. 1 to 8 in connivance with accused No. 13 sanctioned mutation bearing No. 3964 and accused No. 13 prepared wrong record for the benefit of accused Nos. 1 to 8 and caused loss to the complainants.

(2.) THE application filed by the petitioner was dismissed by the Additional Chief Judicial Magistrate, Sirsa. Feeling aggrieved, the petitioner preferred an appeal before the Court of Sessions, which was disposed of vide impugned order dated 05.11.2012 affirming the order passed by the trial Court.

(3.) I have heard counsel for the petitioner and gone through the case file, particularly the orders passed by the Additional Chief Judicial Magistrate and Additional Sessions Judge, Sirsa.