CHHOTU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 21.10.2009 passed by the Judicial Magistrate No.4, Jodhpur, whereby the learned Magistrate has framed the charges against the petitioner for offences under Sections 468, 471 and 120B IPC. The petitioner is equally aggrieved by the order dated 15.11.2011 passed by the Additional Sessions Judge No.3, Jodhpur Metropolitan, whereby the learned Judge has confirmed the order dated 21.10.2009 and dismissed the revision petition filed by the petitioner.

(2.) The brief facts of the case are that on 09.01.2006, Sub-Inspector, Karan Singh, lodged a report wherein he claimed that while he was investigating the case against Jahid Ali @ Parvez, who allegedly is a Pakistani spy, he realized that Parvez had submitted an application for issuance of a ration card. In the said application, he stated his address as Gabbo Ka Chowk, Udaimandir, Jodhpur. The said application for the ration card was attested by the petitioner, in his capacity as a ward member of ward No.39. The said form was subsequently notarized by Vijay Singh, a Notary Public. On the basis of the said application, Parvez was issued a ration card. According to the complainant Parvez and the petitioner had prepared false documents for the purpose of cheating.

(3.) On the basis of the said report, a FIR, FIR No.26/2006 was registered at Police Station Udaimandir, Jodhpur for offences under Sections 420, 467, 468, 471, 474 and 120B IPC. Subsequently, the charge-sheet was also filed for the said offences. However, vide order dated 21.10.2009, the learned Magistrate framed the charges against the petitioner for offences under Sections 468, 471 and 120B IPC; the learned Magistrate discharged the petitioner for offences under Sections 420, 467, 474 IPC.