ASHOK GOSWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 Cr. P.C., 1973 the petitioner Ashok Goswami has approached this Court for challenging the order dated 04.01.2016 passed by the learned Additional Sessions Judge No. 3, Bikaner in revision affirming the order dated 29.09.2014 passed by the learned ACJM No. 2, Bikaner in Criminal Case No. 250/2014 taking cognizance against the petitioner for the offences under Sections 468, 471, 197 and 199 IPC on the basis of a charge-sheet filed by the police after investigation of the FIR No. 177/2014 registered at the Police Station Sadar, Bikaner.

(2.) I have heard and appreciated the arguments advanced by the learned counsel for the parties and have gone through the material available on record.

(3.) The admitted and the highest allegation of the complainant as set out in the FIR and as concluded by the I.O. after investigation is that the petitioner, who was working as a LDC in the Education Department, gave a false declaration regarding the number of his children by the cut off date i.e. 01.06.2002 and thereby, claimed promotion on the post of UDC. It is an admitted position as emanating from record that the petitioner was already drawing salary for the post of UDC on the strength of the scheme of selection grade upon having completed the subsequent stage of service. Thus apparently, no wrongful gain was made by the accused by claiming promotion through the so-called false document because the promotion if any would have only resulted into notional benefits. That apart, admittedly, the petitioner gave up the promotion albeit subsequently. Thus, the offences if at all, made out against the petitioner would not travel beyond Sections 197 and 199 IPC i.e. of making a false declaration before a public servant for gaining promotion. Ex-facie, the offences under Section 468 and 471 IPC cannot be sustained from the admitted material available on record because no document was either forged or fabricated by the petitioner. No court can take cognizance for the offences under Sections 197 and 199 IPC saved upon the complaint of the officer to whom the declaration is submitted as provided by section 195 (1)(b) Cr. P.C., 1973 Admittedly, the complaint of the case in hand was lodged by a private person and not by the public servant concerned.