This is an application filed under Section 340 of the Code of Criminal Procedure read with Sections 192, 193, 196 and 463-465 of the Indian Penal Code, read with Section 16 of the Telecom Regulatory Authority of India Act, 1997 for the prosecution of the Respondents named in Petition No.10(C) of 2005, namely Shri Surjit Singh and Shri Rahul Paliwal. The basis of the complaint is that the said persons fabricated a letter dated 12th February, 2005 by forging the signature of the applicant herein. It is also alleged that the said fabricated and forged letter was presented to this Tribunal as a piece of evidence to show that there was a declaration by the applicant in regard to certain factual aspects which were in fact not true. On the basis of the above factual averment, it is pleaded that the Respondents named above have committed an offence under Chapter XI of the Indian Penal Code, Hence, this application under Section 340 of the Criminal Procedure Code is moved by the Petitioner herein, who is not a party to the main proceedings, to take appropriate steps. In this Petition notices have been issued and persons named in the Petition have responded by filing their reply and have denied the allegation of fabrication and forgery levelled against them. They have asserted that the alleged fabricated letter dated 12th February, 2005 was in fact faxed to them by the Petitioner herein. Hence, they prayed that this Petition be dismissed.
