- (1.) This criminal revision has been filed against an Order dated 1.5.1993 passed by Sri P.K. Srivastava. the then its Addl. Chief Judicial Magistrate, Ballla dismissing complaint case No. 42 of 1993 Shambhu Nath Mishra v. R.D. Trtpathiunder Sections 409, 468 and 477A, I.P.C.
(2.) The facts giving rise to this revision petition are that Shambhu Nath Misra, the applicant herein, filed a criminal complaint under Sections 409, 420, 465, 468. 477A and 109. I.P.C. against Sri R.D. Tripathi, the then Chief Medical Officer, Ballla before Chief Judicial Magistrate, Ballia alleging therein the acts of embezzlement, forgery and cheating against the accused. Sri R.D. Tripathi. As per the averments made in the complaint the applicant was working as Class III employee, i.e. as a Vaccinator, in that area since 1963 where Sri Tripathi joined there in 1986 and remained there up to 1988. All the records regarding payment of arrears of salary etc. used to be in the custody of the accused, who used to be Drawing and Disbursing Officer. According to him his arrears of selection grade from July, 1985 to July, 1986 amounting to Rs. 443.90 p. were due and this payment was not made. Then on 8.11.1988 he moved an application in the office of the Chief Medical Officer, A reply was received that on per nasal of the record it appeared that the said arrears amount has since been disbursed. After perusal of the record he found that against his name on the revenue stamp his signature has been forged showing payment of the said amount. The payment of the arrear was allegedly made by the accused and his name has also been shown as paying officer. No date of disbursement has been mentioned. As per the allegations, the accused has committed forgery, cheating and has mis-appropriated the amount which was due to the complainant.
(3.) An objection was raised regarding maintainability of the complaint in view of the provisions of Section 197, Code of Criminal Procedure The learned 1st Addl. Chief Judicial Magistrate, Ballia by his detailed order dated 1.5.1993 allowed the application moved by the accused on 12.8.1992 for dismissal of the complaint for want of sanction Under Section 197, Code of Criminal Procedure and on that account the complaint filed by the applicant was dismissed for want of sanction Under Section 197, Code of Criminal Procedure;