PHILIP Vs. RAPHAEL

JUDGEMENT

(1.) I would have thought that the decision of the Supreme Court in Patel Laljibhai v. State of Gujarat AIR 1971 SC 1935 settled the judicial conflict on the scope and applicability of S.195, Cri.P.C. But, contends counsel, the framers of the new Code of 1973 have deliberately omitted the words "by any party to any proceeding in any court" in S.195 and, therefore, the ratio of the decisions of the Supreme Court interpreting the old section cannot apply.

(2.) The complainant, the petitioner here, alleges that on the 17th of July, 1978 accused 1 and 2 forged a document in his name purporting it to be an agreement to sell his land. Accused 3 and 4 are alleged to be witnesses to this deed and accused 5 is said to be the mediator. The complaint was filed in Sub-Divisional Magistrate's Court, Alwaye, on 18-8-1978 and the court took cognisance of the case also on the same date and issued process to the accused. When the case stood posted for prosecution evidence, it was transferred to the Judicial First Class Magistrate's Court, Parur, where it was filed as C.C. 112 of 1980 on 1-2-1980. The accused were arrested on 26-4-1980 and released on bail on the same date.

(3.) Meanwhile, on the 25th of July, 1978, barely 8 days after the alleged execution, accused 1 and 2 filed a suit as O.S. 119 of 1978 before the Sub Court, Parur, on the strength of the same document. It is now stated that the plaintiffs themselves withdrew the suit on 18-8-1981.