BHUPATBHAI PUJABHAI BHOI Vs. HIRABEN WO SOMAJI BHOI

JUDGEMENT

(1.) Heard learned Advocate Mr.Tirmizi on behalf of the petitioner, learned APP Ms.Mehta on behalf of the respondent State and learned Advocate Mr.P.D. Bhate on behalf of the respondents No.1 and 2.

(2.) By way of this petition, the petitioner challenges an order passed by the learned 5th Additional Sessions Judge, Kheda, Nadiad dtd. 13/6/2013, in Revision Application No.19 of 2013, whereby the learned Sessions Court had been pleased to set aside an order dtd. 19/1/2013 passed by the learned JMFC, Mahudha, in Court Inquiry No.2/2012, whereby process had been issued against the respondents No.1 and 2 herein for offences punishable under Ss. 181, 193, 196, 199, 200, 209 and 471 read with Sec. 114 of IPC.

(3.) Brief facts leading to filing of the present petition being that the respondents No.1 and 2 had preferred a Suit before the learned Principal Civil Judge, Mahudha being Regular Suit No.5/2012 inter alia challenging a registered Sale Deed dtd. 15/12/2010, by the Defendant No.1 therein in favour of Defendant No.2 therein. The petitioner herein had in connection with the said Suit preferred a complaint being Court Inquiry No.2 of 2012 before the learned JMFC, Mahudha inter alia alleging that the plaintiffs in the Regular Suit i.e. respondents No.1 and 2 herein had caused to prepare a false affidavit showing a pedigree chart dtd. 14/12/2011, whereby the mother of the petitioner herein, who was named as Divaben instead of her correct name as Babuben, was shown as having died and the petitioner herein, in spite of the fact that he was alive, was also shown as being deceased. Learned JMFC had, initially after verification of the complainant, postponed issuance of process and directed the Investigating Officer to investigate into the allegations and submit a report within 30 days. It appears that after the Investigating Officer had submitted his report, order dtd. 19/1/2013 had been passed by the learned JMFC, Mahudha, issuing process against the respondents No.1 and 2 herein, which was impugned before the learned Sessions Court by way of Revision Application No.19/2013. The respondents No.1 and 2 by way of the Revision Application had inter alia raised two principal grounds before the learned Revisional Court, being that the complaint itself was delayed and whereas emphasis was laid on Sec. 195(1)(b)(ii) of Cr.P.C., whereby it is inter alia stated that for the offences against public justice etc., no Court shall take cognizance of an offence described in Sec. 463 , or punishable under Sec. 471 of the Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, if the complaint in question is not in writing by the public servant concerned or some other public servant, who is subordinate to the public servant before whom the offence alleged is committed. It was the contention of the respondents No.1 and 2 before the learned Sessions Court that since the complaint, was in the nature of a private complaint, therefore, learned Magistrate ought not to have taken cognizance of the same and interference of the Revisional Court was sought for. The learned Revisional Court vide order impugned before this Court inter alia relying upon the decision of this Court in case of State of Gujarat Vs. Dalapatsing Mafasing & Ors., reported in 1993(2) GLR 1775 had been pleased to quash and set aside the order dtd. 19/1/2003 issuing process. The petitioner herein being aggrieved by the order passed by the learned Revisional Court has preferred the present petition.