1. By way of instant petition under Section 482 of the Code of Criminal Procedure the petitioner has challenged the order of the Additional Sessions Judge, Sojat Camp Jaitaran affirming the order dated 19-7-2000 passed by the Additional Chief Judicial Magistrate, Jaitaran framing charge against the petitioner for offence under Sections 419, 467, 471/120B, I.P.C
2. The relevant facts giving rise to the instant petition are that one Ram Nath submitted a complaint in the Court of Judicial Magistrate, Jaitram stating inter alia that his brother Bhiknath had taken loan from Bhoomi Vikas Bank in his name after forging thumb impression on the relevant documents. The complainant was sent for investigation by the learned Magistrate under the provisions of Section 156(3), Cr.P.C During the investigation police found that the petitioner herein Dhara Ram the Sarpanch of the Village falsely attested the affidavit of Ram Nath. Thus, the petitioner has also been added as an accused in the case. The learned Magistrate framed the charge referred to above against the petitioner by order dated 19-7-2000.
3. It is submitted by the learned counsel that petitioner is the Sarpanch and the attested the affidavit on the saying of another witness Bhiknath. On careful consideration of the material on record I am of the view that there is absolutely nothing against the petitioner except the fact that on indentifying by another witness the petitioner as Sarpanch attested the affidavit. In absence of mens rea the material on record is not sufficient to put the petitioner to trial for the offence under Sections 419, 467, 471/120B, I.P.C
4. Consequently the petition is allowed. The order of the Additional Sessions Judge, Sojat Camp Jaitaran dated 10-4-2003 as well as the order of the Judicial Magistrate, Jaitaran dated 19-7-2000 taking cognizance against the petitioner Dhara Ram is set aside. The proceedings against the petitioner in Cr. Case No. 123/92 stand quashed.
5. Petition allowed.