High Court Of ChhattisgarhCRMP/68/2020dismissed

Rajesh Kumar Sah v. K.V.Rao

2020-02-05Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P.No.68 of 2020 Rajesh Kumar Sah son of Panchannan Sah, aged about 43 years, R/o. Shivanad Nagar Sector-3, Raipur, District and Tahsil Raipur (CG) ---- Petitioner

Versus

1. K.V. Rao Immediate Business Chief Manager, SEC Railway Bilaspur (CG)

2. Shri Om Prakash, Assistant Business Manager, SECR, Nagpur (Maharashtra) ---- Respondents For Petitioner :

Mr.V.C.Ottalwar, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 05.02.2020

1. The petitioner has filed an application under Section 156(3) of the CrPC before the Chief Judicial Magistrate, Bilaspur for directing the police to register the offence punishable under Sections 420, 467, 468 and 471/34 of the IPC against the respondents, which was dismissed by learned Judicial Magistrate First Class, Bilaspur on 27.9.2018 and thereafter it was affirmed in revision preferred by the petitioner, against which, the petitioner has filed this petition under Section 482 of the CrPC.

2. Mr.V.C.Ottalwar, learned counsel for the petitioner, would submit that both the Courts below have

concurrently erred in not directing for registration of offence punishable under Sections 420, 467, 468 and 471/34 of the IPC against the respondents, as such, the orders of the Courts below deserve to be set aside.

3. I have heard learned counsel for the petitioner, perused the impugned order and other documents appended thereto.

4. The dispute relates to appointment of respondent No.2 on the post of Assistant Commercial Manager in examination held in the year 2013, which the petitioner also challenged before the Central Administrative Tribunal, Jabalpur, which was dismissed and thereafter with a delay of five years, complaint under Section 156(3) of the CrPC was filed, which was dismissed by the Judicial Magistrate First Class, Bilaspur assigning sufficient reasons and in exercising the discretion vested to her, duly affirmed by the revisional Court, which is neither perverse nor contrary to record.

5. Accordingly, the CrMP being devoid of merit is liable to be and is hereby dismissed in limine.

Sd/- (Sanjay K.Agrawal) Judge B/-