KARNAL SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Kami Singh Rathore, has filed this revision petition against the order dated Sept. 16, 1999 of Judicial Magistrate No. 5 Kota in Case No. 431 of 1999 taking cognizance against the accused petitioner under Sections 166, 167, 193, 218, 409, 466 and 120-B IPC along with Ram Chandra Meena and issuing warrant of arrest for procuring their attendance.

(2.) The facts in brief are that the complainant non-petitioner filed a complaint against the accused petitioner and other Junior employee of Nagar Nigam Kota on May 29, 1997. The allegations as mentioned in the complaint are that the accused Karni Singh called the complainant as Sweeper (Bhangi) on which he raised an objection. The non-petitioner used to agitate regarding the rights of Schedule Caste People and the accused petitioner Kami Singh wanted to remove him from the job. In order to achieve his object he in conspiracy with Ramchander Meena, LDC made fraudulent entries in the service record of complainant Kalyan. For the date of birth 12.2.1952 fresh date has been introduced as 12.2.1933. This forgery by both the accused in the service record of Kalyan was made to cause wrongful loss and removing complainant Kalyan from service, 19 years prior than the date on which he would have retired. This forgery is apparent on the face of record. If complainant Kalyan would have been born on 12.2.1933 he could not have been appointed on 17.7.1980 because on that date he would have attained the age of 47 years. The complainant examined himself as a witness under Section 200 Cr.P.C. The trial Court without considering the facts and circumstances of the case and the legal aspect of the case, took cognizance against the accused petitioner and co-accused Ram Chandra Meena under various provisions of law, as mentioned above and directed to issue warrant of arrest for procuring their presence in the case vide order dated September 16, 1999. The revision petition was filed challenging the order taking cognizance on September 30, 1999. On October 4, 1999, this Court stayed the operation of the order dated September 16, 1999 till further orders. On January 31, 2007, this Court confirmed the stay order granted on October, 4, 1999.

(3.) I have heard learned counsel for the parties and gone through the material available on record.