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2023 Supreme(Chh) 89

DEEPAK KUMAR TIWARI
D. R. Thakur S/o. Late Shri Johan Thakur – Appellant
Versus
State of Chhattisgarh, through District Magistrate, Kabirdham, C. G. – Respondent


Advocates Appeared:
For the Petitioner: Mr. C.B. Kesharwani.
For the Respondent: Mr. Ashish Gupta, PL.

ORDER :

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) has been filed against the order dated 07.10.2014 passed by Additional Sessions Judge, Kabirdham passed in Criminal Revision No.30/2013 upholding the order, of Judicial Magistrate First Class, Kabirdham passed in Criminal Case No.509/2012 (State of Chattisgarh Vs. Shivsahay) passed on 04.09.2013, whereby learned Magistrate while acquitting the accused Shiv Sahay from offence under Section 411 IPC simultaneously took cognizance against the present petitioner, who was the prosecution witness No.2 in that case and directed to initiate criminal proceedings for the offence under Section 344 IPC for giving false evidence.

2. Facts of the case, in brief, is that the petitioner is a Government servant working as Executive Magistrate cum Tahsildar at Pandariya, District Kabirdham. While performing his duties, petitioner prepared identification memo on 23.08.2012 of the seized property i.e. iron rods in respect of Criminal Case No.509/2012, whereby the accused in that case namely Shiv Sahay was charged for the offence under Section 411 IPC for purchasing 75 KG stolen iron rods. The said iro

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