KHUBILAL Vs. RAJ SHEKHAR & ORS.

JUDGEMENT

(1.) The petitioner has preferred this revision petition against the order dated 27.10.1995 passed by the learned Additional Chief Judicial Magistrate, Vallabhnagar whereby the accused respondents have been discharged of the offences punishable under Sections 420, 467, 471 120B I.P.C.

(2.) The brief facts of the case are that complainant-petitioner Khubilal submitted a complaint against the accused-respondents on 05.12.1991 and alleged that 9 students of Class VII were permitted to appear in supplementary examination of Commerce in Government Senior Higher Secondary School, Kheronda out of which 8 were failed but the accused-respondents Nos.1 and 2, after manipulating the record, declared all the nine students as passed. One student Shyam Puri, who did not attend the camp of SUPW but he too was declared as passed.

(3.) This complaint was forwarded to SHO, PS, Kheroda for investigation under Section 156(3) Cr.P.C. where a case No.3/1992 was registered for the offences punishable under Sections 466, 468, 471 and 420 I.P.C. and investigation commenced. After investigation, the police found the case as false and submitted FR No.16/1992 in the court against which the petitioner filed protest petition on which the court took cognizance against the respondents-accused for the offences punishable under Sections 420, 467, 471 and 120B I.P.C. and the respondents-accused were summoned through bailable warrants. After hearing the parties, the learned trial court discharged the respondents-accused from the charges levelled against them. Hence, this revision petition has been preferred by the complainant.