Crl. Rev. No. 2140 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 2140 of 2006 Date of Decision: July 1, 2009 State of Haryana …..Petitioner Vs. Bhagwan Dass Garg …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Rattan Brar, AAG, Haryana for the petitioner. Mr. Madhu Jain, Advocate for the respondent. -.- M.M.S. BEDI, J. State of Haryana has preferred this revision petition against the order passed by Additional Sessions Judge, Hisar, quashing the charge- sheet dated April 22, 2002, framed against Bhagwan Dass Garg by Judicial Magistrate Ist Class, Hisar, under Sections 465, 469, read with Section 120-B IPC. Crl. Rev. No. 2140 of 2006 [2] Brief facts of the case are that an FIR was lodged on the basis of a written complaint dated August 14, 1998 by Puran Chand, resident of Hisar, moved in the Court of CJM, Hisar, stating that he was working as Scientist in Chaudhary Charan Singh Haryana Agricultural University, Hisar, (for short ‘H.A.U.’). Accused Satish Kumar Jain and Bhagwan Dass Garg were also working in Haryana Agricultural University, Hisar. Bhagwan Dass Garg had retried in the year 1998. Both the said accused were inimical towards complainant Puran Chand. On account of that reason, Satish Kumar Jain had launched a false arbitration proceedings dated January 20, 1993 against him and later on in connivance with his companion, he had beaten Puran Chand on December 9, 1995. In the year 1996, the complainant received a notice from the office of Sh.Sunil Mehra, Advocate, Gurdaspur. He was asked to appear there for making payment of some alleged loanee Kishore Mahajan. He again received a notice that in case of his failure to appear, an ex-parte proceeding will be initiated against him. The complainant made enquiry by going to Gurdaspur and he came to know that no such Advocate by the name of Sunil Mehra existed in the city. He also received registered letter shown to be from the Court of Civil Judge, (Senior Division), Hisar in case Kishore Mahajan Vs. Puran Chand but on enquiry he came to know that no such case was ever pending. In this manner, the complainant had been receiving several threats. The complainant when appeared as a witness in the Court of Sh.Amarjit Singh, Judicial Magistrate Ist Class, Hisar, in case Puran Chand Vs. Satish Chand, he was put a registered letter dated November 8, 1996 by the counsel of Crl. Rev. No. 2140 of 2006 [3] Satish Kumar which was typed by Bhagwan Dass Garg alleging that complainant had sent a letter in the name of Bhagwan Dass Garg to High Court as well as to Sessions Court but as a matter of fact the complainant had not got written any such letters. Thereafter a photocopy of the letter dated June 5, 1999 was received by the complainant through his colleague Prof. Dr.S.K. Batra, which letter was delivered to him by Bhagwan Dass Garg just to defame and defraud the complainant. Later on, the complainant came to know that the letter given to Dr.S.K. Batra by accused, letter received from the office of Sunil Mehra, Advocate, were of same origin as both were typed by same typewriter and actually the letter from Sunil Mehra, Advocate was not sent from Gurdaspur but was sent from Mini Secretariat Post Office, Hisar, therefore, Satish Kumar and Bhagwan Dass Jain in collusion with each other just to defame and defraud the complainant have prepared forged letters under disguise of complainant. The complaint was filed in the Court under Section 156 (3) Cr.P.C. and on the directions of the Magistrate it was sent for investigation. The Magistrate had framed charges under Sections 465, 469 and 500 IPC against Bhagwan Dass Garg and his co-accused Satish Kumar Jain. Revision petition against the charges was filed by both the respondents. Vide order dated February 13, 2006, Bhagwan Dass Garg was discharged by the Additional Sessions Judge, Hisar. It is pertinent to mention that the trial of Satish Kumar Jain continued before the CJM, Hisar. Vide order dated December 8, 2007, CJM, Hisar, had acquitted Satish Kumar Jain. As the order dated December 8, 2007 came into existence during the pendency of this revision petition Crl. Rev. No. 2140 of 2006 [4] and has been produced at the time of final arguments, photocopy of the same has been taken on record, as admitted document. While acquitting Satish Kumar Jain, it was observed that there was not sufficient evidence on the record to indicate that letter against complainant- Puran Chand had been written or sent by Satish Kumar Jain. Testimony of PW1 S.K.Batra, was not believed to be true being only a hearsay evidence as regards allegations of forgery. PW2 Om Parkash Saini, Postal Assistant, Hisar and PW3 Rajinder Singh, Postal Assistant, Hisar have failed to recognize the accused and they had admitted that the accused never appeared before them. The CJM observed that complainant Puran Chand has not been examined. Since most material witness complainant did not appear before the Court and the sole testimony of Dr.S.K. Batra, had been rejected, State counsel has not been able to satisfy this Court as to how the impugned order discharging Bhagwan Dass Garg, could be challenged on the ground that there was sufficient evidence against him when co-accused of Bhagwan Dass Garg stands acquitted on the basis of same evidence relied upon by the State counsel. I have carefully gone through the detailed order passed by Additional Sessions Judge exercising revisional jurisdiction. There does not appear to be any ground to interfere in the said order exercising powers under Section 401 Cr.P.C. Crl. Rev. No. 2140 of 2006 [5] In view of the above circumstances, no ground is made out to interfere in the order of discharges passed in favour of respondent Bhagwan Dass Garg. Dismissed. July 1, 2009 (M.M.S.BEDI) sanjay JUDGE