JUDGEMENT
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(1.) THE instant miscellaneous petition has been preferred by the petitioner against the order dated 16.9.2011
passed by the learned Addl. Sessions Judge, Srikaranpur in
revision as well as the order dated 29.3.2010 passed by the
A.C.J.M. Sri Ganganagar in Cr. Case No. 482/1999.
The learned trial court by its order dated 29.3.2010
framed charges against the petitioner for the offence under
Sections420, 467, 468, 471 and 120-B I.P.C. and the
Revisional Court vide its order dated 16.9.2011 partly
accepted the revision of the petitioner and has modified the
order by quashing the order to the extent of the offences
under Sections 467, 468 and 471 while maintaining the same
for the offence under Sections 420 and 120-B I.P.C. Hence,
the instant revision.
(2.) SUCCINCTLY stated the facts of the case are that a report was lodged by the learned Civil Judge cum Addl. Chief
Judicial Magistrate, Sri Karanpur with the S.H.O., Sri Karanpur
alleging interalia that the petitioner's Jeep had met with an
accident and an F.I.R. No. 139/99 was registered in relation
thereto at Police Station, Kesrisinghpur for the offences under
Sections 279 and 337 I.P.C. The petitioner's jeep No. RNC-
6335 was seized by the police in connection with the investigation of the said F.I.R.
The petitioner approached the trial court by way of an application under Section 451 Cr.P.C. seeking release of the
jeep to him on Supardaginama. During the course of pendency
of the application, the matter was posted for arguments on
6.10.1999 and on that day the petitioner's counsel filed the vehicle's Registration Certificate and the Insurance Cover Note
in the Court. The Insurance Cover Note No. A.N.020467 was
purported to have been issued by the Development Officer
Mr. Ashok Khunger of the United India Insurance Co. Ltd. The
insurance cover note was issued by the Development Officer
on 5.10.1999 at Malot and on the insurance cover note there
was a seal appended that the physical inspection of the vehicle
was done at the time of issuing the cover note.
(3.) THE Presiding Officer directed filing of the F.I.R. with the allegation that the cover note issued by Ashok
Khunger after alleged physical verification done at Malot on;
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