VILAS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The present misc. petition has been filed by the petitioner challenging the order dated 10.9.2007 passed by the Additional Sessions Judge, Raisinghnagar in Criminal Revision No. 27/2003 whereby the order dated 28.8.2003 passed by the Judicial Magistrate, Sri Vijaynagar in F.R. Case No. 23/1996 (81/1995) taking cognizance against the petitioner for the offence under Sections 420, 467, 468, 471, and 120B I.P.C. has been upheld.

(3.) Brief facts of the case are that the complainant Chajju Ram filed complaint alleging inter alia that he was married to Karmi Devi and used to stay in Chak 23 CB. Thereafter, he left his wife and started living at Chak 22 PS and contracted marriage with another lady Ratni. It is further stated that his first wife Karmi, (sic) Ram and Deva Ram prepared forged death certificate showing the complainant to be dead whereas he was very much alive and on that basis, they got allotment of 21 bighas of land. This complaint was forwarded by the Judicial Magistrate to the police under Sec. 156 (3) Crimial P.C. whereupon F.I.R. No. 193/1995 was registered and investigation commenced. At the conclusion of the investigation, the police submitted negative F.R. On which notice were issued to the complainant and after proceeding under Sections 200 and 202 Crimial P.C., the Judicial Magistrate vide order dated 16.1.1997 rejected the protest petition and accepted the F.R. The complainant challenged the said order in revision. The revisional Court remanded the matter to the trial Court who by order dated 28.3.2003 proceeded to take cognizance against the petitioner and other for the offences mentioned above. Being aggrieved by order dated 28.3.2003, the petitioner preferred revision which too has been dismissed. Accordingly, the petitioner has approached this Court by way of this misc. petition.for quashing of the impugned orders.