STATE Vs. PARASRAM

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Bhilwara recommending that the charge-framed against the accused Parasram under Section 466, Indian Penal code be quashed. With this recommendation there is an implicit further recommendation that the commitment of the accused for trial to the Court of session Bhilwara be also quashed. The Sessions Judge also recommends that the other offence under Section 167, Indian Penal Code be directed to be tried by the committing Magistrate.

(2.) THE facts giving rise to the reference are briefly these:

(3.) THE accused Parasram is a Patwari in the service of the Rajasthan State. He was holding charge of the Patwar circle, Meloni, for the period from Samvat years 2014 to 2017. In the village. Meloni there is a well named "panch Chhorin". The complainant Dayaram and his brother Parthu were shown as holder of 1/5th share in the well in the revenue record up to the samvat year 2014. Champa Jat was not shown as a co-sharer with Dayaram and Parthu. On 4th August, 1961 Dayaram filed a complaint in the Court of First Class Magistrate, Gangapur accusing parasram of offences under Sections 446 and 167, Indian Penal Code. In the complaint after stating that he and his brother Parthu were shown as having 1/5th share in the well in the revenue records and that Champa had no share along with them, the complainant stated that the accused Parasram after obtaining some undue advantage from Champa Jat showed him as a sharer along with the complainant and his brother Parthu in the revenue records for the Samvat years 2016 to 2017. It was stated in the complaint that the accused made alterations in the revenue records on the occasion of his transfer. It was further stated that he removed the original paper containing the entry and substituted another paper containing the changed entries. The complaint was initially sent to the Tehsildar Gangapur for enquiry under Section 202, Criminal procedure Code, and after the receipt of the report of the Tehsildar a case was registered under Sections 466 and 167, Indian Penal Code. The Magistrate after holding enquiry under Section 208, Criminal P. C. framed charges against the accused under Sections 167 and 466, Indian Penal Code and committed the accused to the Court of Session, Bhilwara, for trial. Before the Sessions Judge the accused Parasram made a preliminary submission that on the facts alleged in the complaint no case under Section 466, Indian Penal Code was made out. The sessions Judge accepting the submission of the accused has made the present reference.