DINESH CHANDER SHARMA Vs. S S CHAMBYAL

JUDGEMENT

(1.) THIS petition is directed against order dated 24.10.2009 passed by learned Additional Sessions Judge, Una in Criminal Revision No. 12 of 2009 affirming order dated 16.2.2009 passed by learned Judicial Magistrate 1st Class (I), Una in Complaint case No. 6-1-2005.

(2.) THE facts, in brief, are that the petitioner has filed complaint against respondents on the allegations that in April, 2000, the respondent No.1 was posted as Sub Divisional Magistrate (SDM), Una and respondent No.2 as Station House Officer (SHO), Police Station, Una. A false FIR No. 264 of 2000 under Sections 332, 353, 506 IPC was lodged by one Joginder Singh posted as Peon in the office of Deputy Commissioner, Una against the complainant on 29.4.2000. In pursuance of the said false FIR, respondent No.2 held malicious investigation and manipulated the facts and prepared a false Kalandra being case No. 56-4-2000 under Sections 107, 151 Cr.P.C. against the complainant with the purpose to put the complainant in the police lock-up to damage and harm his reputation socially and professionally.

(3.) THE respondent No.2 has falsely shown the necessity of causing arrest of the petitioner under Sections 107, 151 Cr.P.C. during investigation by fabricating documents purporting to be made by him as public servant in official capacity. THE respondent No.2 has committed an offence punishable under Sections 466, 468, 471 and 500 IPC. THE complaint was filed on 16.12.2004. THE learned Magistrate recorded preliminary evidence but did not issue process and dismissed the complaint on 16.2.2009. THE petitioner filed Criminal Revision No. 12 of 2009 against the order dated 16.2.2009 which was dismissed by the learned Additional Sessions Judge, Una on 24.10.2009, hence petition under Section 482 Cr.P.C. read with Article 227 of the Constitution.