ORDER

(20^th June 2016)

S. K. Agnihotri, J

1. Questioning the legality and the validity of the judgment dated 05.02.2015 rendered in Criminal Appeal No.06 of 2014 by the Court of Sessions Judge, Special Division-II, at Gangtok, East Sikkim, the instant Criminal Revision Petition under Provisions of Section 397 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) read with Section 401 of the Cr.P.C. is filed.

2. The case of the prosecution is that on a complaint made by one Mr. Madhav Sharma S/o of Mrs. Bishnu Maya Sharma, that he had received a forged marks statement, purported to have been issued by the Central Board of Secondary Examination (CBSE), Delhi from the convict/petitioner, herein, which was surrendered to the Vigilance Police, Gangtok and on the basis of the said complaint a search warrant was issued under the authority of Chief Judicial Magistrate (East & North) at Gangtok, on 19^th September, 2001.

3. On 20^th September, 2001, a search of the convict’s/petitioner’s residence at Tadong, Gangtok, was conducted, wherefrom, total (61) sixty one documents were seized, most of the said documents were of photocopies of the marks statement, admit cards etc of the various stu