R.S. Chauhan, J. - (1.) Both these petitions arise out of the same impugned order, namely order dated 05.10.2007, passed by the learned District and Sessions Judge, Jaisalmer, whereby the learned Judge while accepting the revision petition filed by the respondent No.2, Ratan Lal, has quashed and set aside the order dated 12.02.2007, passed by the learned Judicial Magistrate, First Class, Jaisalmer, wherein the learned Magistrate had framed the charges for offences under Section 420, 409 IPC against the respondent No.2, Ratan Lal. Thus, both the petitions are being decided together by this common judgment.
(2.) Taken from S.B. Criminal Revision Petition No.317/2011, the brief facts are that on 05.04.2000 at about 1:00 PM, one Ghanshyam Das Singhal, the then Tehsildar (Colonization), Mohangarh, had lodged a written report at Police Station Mohangarh, Jaisalmer, wherein he alleged that the respondent No.2, Ratan Lal, while serving as Patwari, Patwar Mandal Manda B, had received a sum of Rs. 10,000/- from the petitioner on 17.03.1999 for depositing against his instalment for land at Chak 2 MGD without giving a pakka receipt. However, he gave a hand written kachhi receipt under his signature for Rs. 10,000/-. He told the petitioner that Pakka receipts were not available. However, the respondent No.2 did not deposit the said amount with the Government.
(3.) Upon the said complaint, the Police chalked out a formal FIR, FIR No.41/2000 for offences under Sections 409 and 420 IPC. After a thorough investigation, the Police filed a charge-sheet against the respondent No.2 for offences under Sections 409 and 420 IPC before the trial court. Vide order dated 12.02.2007, the trial court framed the charges for offences under Sections 409 and 420 IPC. Aggrieved by the said order, the respondent No.2 filed a revision petition before the appellate court. Vide order dated 05.10.2007, the learned appellate court while accepting the revision petition, quashed and set aside the order dated 12.02.2007. Hence, this petition before this Court.;