CHAMPA LAL Vs. STATE

JUDGEMENT

(1.) By way of filing the instant misc. petition a challenge has made to the order dtd. 11/2/2013 passed by learned Magistrate whereby he took cognizance of the offence as well as the order dtd. 15/5/2015 passed in revisional jurisdiction who affirmed the order taking cognizance. I have heard learned counsel for the petitioner and public prosecutor. None present for the respondent despite service.

(2.) Bereft of elaborate details, the fact necessary for disposal of the petition would be that an FIR No.9/1994 got lodged at Police Station Napasar for offence under Sec. 420, 467 & 468 IPC alleging interalia that a plot belonging to Sugni Devi was sold to Smt. Saraswati Devi. The Sarpanch issued a NOC, took Rs.4,800.00 then issued a receipt and sold it to Smt. Saraswati. Allegations of giving a fake receipt were also leveled.

(3.) Interestingly, one FIR No.02/1994 dtd. 4/1/1994 was also lodged in relation to the same transaction but that was lodged at the instance of son of Smt. Saraswati. In FIR No.9/1994 after investigation, police filed a negative final report No.13/2003 avvering therein that no offence was disclosed against the petitioner. Upon making protest by the complainant and hearing the learned public prosecutor, learned trial court took cognizance of the offence and issued process against the petitioner vide order dtd. 11/2/2013.