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2020 Supreme(MP) 590

MADHYA PRADESH HIGH COURT
B.K. Shrivastava, J.
Vinod Raghuvanshi - Appellant
Versus
State Of M.P. & Anr. - Respondent
Miscellaneous Criminal Case No. 38669 of 2019
Decided On : 04-08-2020

Advocates Appeared:
Ravinandan Singh, Advocate, Swapnil Ganguly, Advocate, Naveen Shukla, Advocate, Kishore Shrivastava, Advocate, Rahul Diwakar, Advocate

Headnote:

Court directed the Principal Registrar (Judicial) to make an inquiry to ascertain the name of the author who wrote the letter dated 20.09.2019 and also to make sufficient efforts to trace out the original copy of the letter.

Fact of the Case:

Respondent filed an application under Section 340 r/w 195 of Cr.P.C. on 17.01.2020 for the following relief :- "It is therefore prayed that this Honorable Court, may kindly be pleased to allow the instant application and conduct a detailed enquiry with respect to the Sections 205, 206, 209, 463, 465 and 471 of the Indian Penal Code, 1860, against the Applicant and thereafter proceed as per the provisions of Section 340 of the Code of Criminal Procedure, 1973 in the interest of Justice."

Finding of the Court:

The court found that the petitioner was having the cause to file Vakalatnama of relative advocate of the Judge or to file the forged letter in the name of respondent.

Issues: Whether the preliminary inquiry is required or not?

Ratio Decidendi: The preliminary inquiry is not mandatory but if the circumstances are required, then before filing the complaint the preliminary inquiry can be made.

Final Decision: Application allowed. Principal Registrar (Judicial) is directed to make an inquiry to ascertain the name of author, who wrote the letter dated 20.09.2019. Principal Registrar (Judicial) is also directed to make sufficient efforts to trace out the original copy of letter.

JUDGMENT

B.K. Shrivastava, J. - This order shall govern the disposal of Interim application No. 1181 of 2020 filed by Respondent No. 2 Shri Ajay Arora [Referred as "Respondent"] U/s 340 r/w 195 of Cr.P.C. on 17.01.2020 for the following relief :-

"It is therefore prayed that this Honorable Court, may kindly be pleased to allow the instant application and conduct a detailed enquiry with respect to the Sections 205, 206, 209, 463, 465 and 471 of the Indian Penal Code, 1860, against the Applicant and thereafter proceed as per the provisions of Section 340 of the Code of Criminal Procedure, 1973 in the interest of Justice."

2. Petitioner Shri Vinod Raghuwanshi (refereed as "Petitioner") has filed the instant petition No. 38669 of 2019 on 12.09.2019 under section 482 of the Code of Criminal Procedure 1973 being aggrieved by the order dated 18/07/2019 passed by learned Judicial Magistrate First Class, Bhopal in RT No.5442 of 2008 whereby the court has prima facie found that offence under section 420 and 120-B are made out against the Petitioner and passed the order to frame the charges accordingly. The Petitioner has further assailed order dated 29/08/2019 passed by First Additional Judge to the Court of First Additional Sessions Judge, Bhopal passed in Criminal Revision No.374 of 2019 whereby the order dated 18/07/2019 passed by the learned Judicial Magistrate First Class, Bhopal has been upheld.

3. It will be useful to mention the entire background of the case :-

[i]. Respondent No.2 filed a private complaint before the court of learned Judicial Magistrate First Class, Bhopal on 02.02.2008, under Section 200 of the Code of Criminal Procedure, 1973, against the Petitioner and others for taking cognizance of the offences under Section 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860. The learned Court below took cognizance for the aforesaid offences under sections 420 and 120-B of the Indian Penal Code by its order dated 10/04/2008 and registered the Criminal Case No. No.5442 of 2008.

[ii]. Petitioner being aggrieved by the aforesaid order dated 10/04/2008 taking cognizance, preferred a Criminal Revision No.195/2008 before the Sessions Judge. The Respondent No.2 also, preferred Criminal Revision No.216 / 2008 against the same order whereby cognizance under section 420 and 120-B of the Indian Penal Code was taken but cognizance for other offences under sections 467, 468 and section 471 of the Indian Penal Code, was not taken. The 8th Additional Sessions Judge, Bhopal by its common order dated 13/05/2008 dismissed the Criminal Revision No.195/2008 filed by the Petitioner and allowed the Criminal Revision No.216/2008 filed by the Respondent No.2 and directed the court below to reconsider the cognizance for remaining offences.

[iii]. Being aggrieved by the aforesaid order dated 13/05/2008 passed by the learned Eighth Additional Sessions Judge, Bhopal, the Petitioner preferred MCRC No.5521/2008 under section 482 of the Code of Criminal Procedure, 1973, before the High Court. The Court dismiss the aforesaid application by order dated 11/11/2008.

[iv]. Petitioner assailed the aforesaid order dated 11/11/2008 passed by this Court, before the Hon'ble Supreme Court by preferring Special Leave Petition which was registered as Criminal Appeal No.1477/2013. The Hon'ble Supreme Court by its order dated 23/09/2013, dismiss the appeal being devoid of merits and sans substance.

[v]. Thereafter, the Petitioner preferred another application under section 482 of the Code of Criminal Procedure before this High Court which was registered as MCRC No.14715/2013. The said MCRC No.14715/2013 was withdrawn on 16/01/2014 with liberty to file an application under section 197 of the Code of Criminal Procedure. But Petitioner again filed an application before High Court under section 482 of the Code of Criminal Procedure being registered as MCRC No.3020/2014 and sought modification of order dated 16/01/2014 passed in MCRC No.14715/2013. The said order d











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