N K MITTAL Vs. DILAWAR SINGH

JUDGEMENT

(1.) THIS petition has been filed under S. 482 of the Code of Criminal Procedure for quashing of criminal complaint and further proceedings for want of sanction under S. 197 of the Code of Criminal Procedure.

(2.) IN the complaint filed under Ss. 166, 167, 217, 218, 465, 466, 468, 469 and 471 of the Indian Penal Code, the respondent-complainant claimed that he was posted as af and SO Kalayat during the year 1995-1996 whereas the petitioner was posted as df and SC Kaithal at the relevant time and the petitioner was superior officer of the complainant. It was alleged that the petitioner forged a DO letter bearing No. Steno-96/2460 dated 12-4-1996 addressed and sent to Director of Food and Supplies Department, Haryana, Chandigarh.

(3.) IN pursuance to the D. O. letter accompanying the complaint received against the complainant-respondent therewith, the complainant was charge-sheeted and placed under suspension. In view of reply, the charge-sheet was converted under Rule 8 for minor punishment and accordingly punishment of warning was awarded to him by the Director of Food and Supplies Department, haryana, Chandigarh. However, in appeal the respondent-complainant was exonerated pf the -charges levelled against him. After the complainant-respondent was exonerated of the charges levelled against him, he filed a complaint under Ss. 166, 167, 217, 218, 465, 466, 468, 469 and 471 of the Indian Penal Code against the petitioner herein alleging therein that document which was the basis for issuance of charge-sheet against him was forged by the petitioner herein and, therefore, he was liable to be prosecuted for the offence referred to above. In support of this, complainant placed reliance on the document attached with the file of the charge-sheet and he examined inder singh Malik, Inspector Food and Supply.