Judge -1 Pandharpur in Criminal Appeal No. 16 of 2013 has quashed and set aside the order dated 31st December, 2012 passed by the Judicial Magistrate, First Class, Pandharpur whereby the Learned Magistrate below Exhibit 1 has ordered for registration of an offence punishable under section 466 of the Indian Penal Code against the non-applicant before the said Court in Complaint S.T.C. No. 369 of 2010. The Assistant Superintendent of Sessions Court was directed to file such complaint as its representative, under the provisions of section 340 of the Criminal Procedure Code. The genesis for passing such order is, in the trial before the said Magistrate, the name of the Complainant viz. Rajendra was noted in the STC register maintained in the Registry of the Court, whereas in Exhibit 1 of the proceeding, the name was changed to Sanjay. This tampering came to the notice by the Court while passing the order. The Revisional Court while passing the order impugned noted that the record of the case in question, is in the custody of the Court and, as such, inquiry should have been conducted and the Respondent-Complainant should have been given an opportunity to present his case before the order is passed.
