GOPAL RAM Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) This is a revision against the order dated 30.1.88 passed by Additional Sessions Judge. Raisinghnagar in Cr. revision No.71/86 by which be accepted the revision petition and set aside this order dated 23.10.86 passed by Munsif and Judicial Magistrate, Raisinghnagar in Cr. case No. 148/83 and quashed the proceedings pending against Kaluram.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length. Counsel for Kaluram, though appeared at the initial state yet he did not come to argue the case on his behalf.

(3.) Kaluram was the Sarpanch of village Panchayat. Jeevanram had three sons. On his death, property devolved on his sons Dhanna, Bishna and Rati Ram. Bishnaram thus succeeded Jeevanram. Bishnaram had four sons viz. Phoosa Ram, Ramrakh, Gopal Ram (petitioner) and Sohanlal out of them. Sohanlal went in adoption to Rati Ram's family. On the death of Bishnaram, his property devolved on Phoosaram, Ramrakh and the petitioner. Mutations of the agricultural land were done accordingly. On the death of Ramrakh his land went to his son Shankarlal. On the death of Ramrakh his widow remarried with petitioner and she gave birth at the loin of petitioner to Sahibram, Ramkumar, Devilal and Ram Swaroop. Shankarlal died in 1962. He had no issue, therefore, his successors were Phoosaram. Gopal Ram (petitioner). Kaluram Sarpanch, respondent No.2, issued a certificate on 1.11.76 that after the death of Shankar lal his legal heirs were Ramkumar and petitioner's sons Sahebram, Devilal, Ram Kumar and Ram Swaroop. Mutation on the basis of this certificate was entered in the year 1983 regarding agricultural land. In the year 1982 panchayat elections were held. Petitioner's son Sahebram contested the election but due to enmity Kaluram incited one Banwarilal and got an application filed before the Sub Divisional Magistrate, Raisinghnagar alongwith a certificate which was dated 11.4.83. It was mentioned therein that Shankar lal died about 22 years ago and had no heir and that no one could have his land. It was also mentioned in the certificate dated 11.4.83 that the persons in whose name mutation was recorded were cultivating land illegally and that the land should be taken in possession of the State. Thus Kaluram issued two certificates which were contradictory to each other. He was a public servant and knew that one of the certificates was false. It was issued with an intention to cause wrongful loss to the petitioner. A complaint for offence under Sec. 218 Penal Code against Kaluram was submitted by the petitioner before the Munsif and Judicial Magistrate, Raisinghnagar before whom Kaluram claimed protection under Sec. 197 Crimial P.C. which was not given to him. He preferred a revision before the learned Additional Sessions Judge, Raisinghnagar who was of the view that Kaluram was entitled for protection under Sec. 197 Crimial P.C. The petitioner has come in the revision against the order of the learned Additional Sessions Judge.