PRAKASH KAUR Vs. STATE

JUDGEMENT

(1.) The petitioner has approached this court invoking the inherent power and jurisdiction under Section 482 of the Code of the Criminal Procedure, 1973 (Cr.P.C.) to assail the order dated 16.03.2015 of the Court of Sessions, dismissing her appeal (Criminal Appeal No.01/15) under Section 341 Cr.P.C. which had been taken out against the order dated 05.12.2014 of the Metropolitan Magistrate whereby his application under Section 340 Cr.P.C. had been dismissed, such application having been filed by her (the complainant) in the course of the proceedings arising out of criminal case (CC No.14/1/2012) initiated against the private party respondents on 22.09.2000.

(2.) The criminal complaint case in which the application under Section 340 Cr.P.C. read with Section 195(1)(b) Cr.P.C. was submitted by the petitioner alleging offences punishable under Sections 193/195/196/199/202/209/211 of the Indian Penal Code, 1860 (IPC) had, in turn, been initiated in the year 2000 with allegations of offences punishable under Sections 197/198/420/467/468/471/474 IPC. A perusal of the said original criminal complaint dated 209.2000 would show that the parties have been locked in litigation since 1989, civil suit [CS(OS) No.82/1989] having been presented in this court in respect of property described as Flat No.606, "to be" built at sixth floor in the proposed building called Resham Towers at Prabha Devi, Bombay (now, Mumbai).

(3.) The petitioner, as the complainant, of the afore-mentioned criminal complaint case had moved an application on 08.09.2011 seeking direction to "partners/officer in charge/person of M/s. Everest Construction Company who is/are in possession of the said forged agreement dated 30.07.1981 purportedly entered into by the accused with Mr. Sukhbinder Singh s/o Amar Singh R/o Govind Sagar Building, Room No.30, 176, CST Road, Kalina, Bombay 400098 to produce the same" before the court, though captioning the said application, misleadingly as one "for issuance of summons to the accused (to produce the said document)" invoking the power and jurisdiction of the criminal court under Section 91 read with Section 311 Cr.P.C. The justification for the said prayer was set out in the second para of the application in the following words (page 64 of the paper book):-