SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the orders dated 8.11.2008 and 10.2.2009 passed by the learned Additional Chief Judicial Magistrate, Sri Ganganagar reading out accusation to the petitioner for the offence under Sec. 167 Indian Penal Code and rejecting the application filed by the petitioner under Sec. 197 Code Criminal Procedure respectively, as affirmed by the learned Sessions Judge, Sri Ganganagar by his order dated 10.2.2009.

(2.) Mr. M.K. Garg, learned counsel for the petitioner submits that the petitioner was the Patwari at the relevant time and the allegation against him is that he made certain incorrect entries in the revenue records. He submits that a departmental action was initiated against the petitioner in relation to the very same allegation and the Divisional Commissioner, Bikaner, in an appeal filed by the petitioner against the order of punishment passed upon the petitioner by the District Collector, by the order dated 19.5.2010 has come to the conclusion that ex facie the act of the petitioner in making the disputed entries in the revenue record was perfectly correct and thereafter the petitioner has been exonerated from the departmental charges. Thus, placing reliance on a decision of the Honourable Apex Court on a decision in Radheshyam Kejriwal Vs. State of West Bengal & Anr., (2011) 3 SCC 581 , He submits that the criminal prosecution of the petitioner cannot be permitted to be continued for the same allegations which were also the subject- matter of the Departmental Enquiry.

(3.) Per contra, learned counsel for the complainant submits that the petitioner has been prima facie found responsible for making of incorrect entries in this case and that the evidence has already been started in the trial Court, thus, this Court should be loathe from interfering in the validly initiated proceedings against the petitioner.