MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Section 482 Cr.P.C. has been preferred by the accused-petitioner against the order dated 19.11.2008 passed by the learned Additional Sessions Judge, (Fast Track) No. 2, Bikaner (for short, 'the Revisional Court' hereinafter) in Criminal Revision Petition No. 5/2008, whereby the learned Revisional Court has rejected the revision petition filed by the petitioner and upheld the order dated 17.12.2004 passed by the learned Judicial Magistrate, First Class, Kolayat (for short the trial Court hereinafter), whereby the learned trial Court took the cognizance for the offences punishable under Sections 419, 420, 467, 471 and 120B I.P.C. against the petitioner in connection with F.I.R. No. 29/2003, Police Station, Kolayat, Distt. Bikaner.

(2.) Brief facts, necessary for disposal of this petition, are that one Narayan Ram submitted a complaint before the learned trial Court on 17.4.2003, while alleging therein that his father Bhanwara Ram and grandmother Jamuna were holding an agricultural land measuring 15.2 Bighas in Village Sankhla Basti. In March, 2003, accused-Sona Ram came to their Village and informed the villagers that he has mortgaged 15 Bighas of land of Bhamvara Ram, father of the petitioner by impersonating himself as son of Bhanwara Ram. The complainant thereafter visited the Regional Rural Bank, Branch Guda, where he came to know that Sona Ram took a loan of Rs. 25,000/- on the basis of land certificate showing Sona Ram as son of Bhanwra Ram. It is further alleged in the complaint that the said certificate was prepared by the petitioner Mohan Lal, Who was holding the charge of Office Kanungo at that time in the office of the Revenue Department of the area concerned. It is also alleged in the complaint that the petitioner had issued a forged land certificate in the name of Sona Ram showing him as son of Bhanwara Ram, and Sona Ram thereafter obtained the loan on the basis of said certificate from the Bank and, therefore, the accused persons have committed offence punishable under Sections 420, 467, 471 and 120-B I.P.C. The complaint filed by the complainant-Narayan Lal was forwarded under Section 156(3) Cr.P.C. to the Police Station, Kolayat, where an F.I.R. No. 29 dated 18.4.2003 was registered against the petitioner and other co-accused. Police investigated the matter and after completion of the investigation, charge-sheet for the offences punishable under Sections 419, 420, 467, 471 and 120-B I.P.C. was filed against the petitioner and other accused-persons.

(3.) The learned trial Court vide order dated 17.12.2004, took the cognizance against the petitioner and other co-accused persons for the aforesaid offences. Being aggrieved with this, the petitioner preferred a revision petition before the Revisional Court and the Revisional Court has dismissed the revision petition vide order dated 19.11.2008. Hence, this misc. petition under Section 482 Cr.P.C.