STATE OF CHHATTISGARH Vs. TIRATHRAM
LAWS(CHH)-2003-3-6
HIGH COURT OF CHHATTISGARH
Decided on March 31,2003

STATE OF CHHATTISGARH Appellant
VERSUS
Tirathram Respondents


Referred Judgements :-

GOPAL DASS V. THE STATE [REFERRED TO]
BACHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. GIRDHARILAL SAPURU [REFERRED TO]


JUDGEMENT

L. C. BHADOO, J. - (1.)This reference has been made by the Additional Chief Judicial Magistrate, Baloda Bazaar, Raipur, under Section 395 of the Code of Criminal Procedure which has been registered as Miscellaneous Criminal Case No. 2636/2001.
(2.)The relevant facts leading up to the reference are that one Criminal Case No. 388/94 (State v. Tirathram and 3 others) for the offences punishable under Sections 324, 323/34 of the Indian Penal Code was pending before the Court of Additional Chief Judicial Magistrate, Baloda Bazaar, Raipur, in which the charges were framed against the accused persons and matter was fixed for evidence of the prosecution on 4th July, 2000 but the matter was disposed of on 23rd July, 2000 on the basis of the compromise entered between the parties. An application under Section 320(4)(b) of Cr.PC was filed by one Jivan with the averments that he be permitted to compound the offence on behalf of his deceased brother/injured/complainant Firtu alongwith an application under Section 320(2) of Cr.PC for permission to compound the offence. On that application one Jivan and Nanki affixed their thumb impression and they were identified by Advocates Suresh Yadu and Miss Anjana Trivedi. On the basis of these applications compromise was allowed and the matter was disposed of on the basis of the said compromise entered between the parties. After coming to know about this fact Nanki s/o Ramhau Kevat r/o Village Semaria who was in jail made a complaint to the District and Sessions Judge, Raipur that without giving him an opportunity of hearing and notice, the matter has been disposed of in Lok Adalat.
(3.)On receipt of this application learned District and Sessions Judge directed for a fact finding enquiry. On enquiry it was found that the complaint of Nanki is correct, therefore, learned District Judge directed the Magistrate to lodge a criminal case against the persons involved in the matter in obtaining an order of acquittal by producing an imposter posing himself to be 'Nankiram'. On this direction of the learned District & Sessions Judge--(i) a report was lodged in the Police Station, Baloda Bazaar, where a case was registered at Crime No. 242, dated 26-8-2001, (ii) the reference has been made to this Court through the District and Sessions Judge with a request to advise in the matter as the accused persons got the matter, i.e., Criminal Case No. 388/94 disposed of fraudulently and by misleading the Court and thereby obtaining the order of acquittal by producing an imposter posing himself to be Nankiram on 23rd July, 2000. Learned Sessions Judge on receipt of this reference has forwarded the same to this Court and requested that the said judgment dated 23rd July, 2000 be set aside.


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