ANWAR Vs. AFSAR PASHA

JUDGEMENT

(1.) THE petitioner is the complainant in C.C. No. 16/2003 pending before 2011 (XII) AIR Kar R /51 the learned JMFC at Chintamani. THE complaint was initiated alleging offences punishable under Sections 420, 465, 467, 468 and 474 of IPC against the respondents herein.

(2.) THE basic allegations of complaint are that the first respondent took the complainant to the Sub-Registrar Office on 18.11.1993 and fraudulently got executed a registered sale deed in respect of land bearing Survey No. 197 to an extent of 4 acres situated at Chinnasandra village, Chintamani Taluk. As the survey number in the registered document dated 18.11.1993 was wrongly mentioned as 17 instead of 197, the first respondent in connivance with second respondent took some other person and impersonated that person rectification deed dated 18.8.1994. THE complaint filed on these allegations is pending trial in C.C. No. 16/2003.

(3.) THE learned Magistrate has to comply with the directions issued by this Court in Crl. P. No.3537/2004. THE respondent/accused are facing trial for offences alleged against them in C.C. No.16/2003. If respondents have committed offences as alleged by the complainant, it is for the trial Court to decide the same in accordance with law. If the accused are obstructing the proceedings pending before the trial Court, it is for the trial Court to take appropriate action against them. THErefore, this contempt petition, which is almost in the nature of a parallel complaint pending trial, cannot be entertained.