STATE OF SIKKIM Vs. UTPAL DORJEE YONGDA

JUDGEMENT

(1.) Since facts of the above revision petitions are similar and the question of law raised by the petitioner in both the petitions are also identical they are heard together and being disposed of by this common order.

(2.) In both the Criminal Revision Petitions filed by the State of Sikkim under section 397 read with sections 439/482 of the Criminal Procedure Code, 1973, the impugned orders dated 10th March, 2005 passed by Shri B.C.Sharma, District & Sessions Judge, South & West, Namchi in his capacity as in charge of the Court of the Chief Judicial Magistrate, South & West, Namchi in Criminal Misc.Case No.27 of 2005 Utpal Dorjee Yongda Vs. State of Sikkim and Criminal Misc. Case No.28 of 2005 Pawan Minda Vs. State of Sikkim are the subject matters of challenge.

(3.) As per the facts set out in the above two Criminal Revision Petitions both the respondent accused were arrested following the written FIR lodged by the Revenue Officer, Namchi Sub-Division, South district, Namchi. In the written FIR lodged on 7th March, 2005 with the Officer In-charge, Namchi Police Station the Revenue Officer alleged that on going through the records at the Office of the Registrar, South district he found that the land bearing plot No. 122 (p) situated at Melli block was registered in the name of Shri Utpal Dorjee Yongda of Gayzing on 2nd March, 2005 by forging signature of Revenue Supervisor in the spot verification report and the same was later on cancelled. It was also found by him that the names of Shri Rawan Minda, Shri Dhurendra Prrajapati and Shri Surjay Tamang found mention in the said forged spot verification report. It may be noted that Shri Utpal Dorjee Yongda is the respondent accused in Criminal Revision Petition No.2 of 2005 and Shri Pawan Minda is the respondent accused in Criminal Revision Petition No.3 of 2005.