V V L NARASIMHAMURTHY Vs. STATE

JUDGEMENT

(1.) This is a petition to quash the order of committal passed in P. R. C. No. 11 of 1953 on the file of the Stationary Sub-Magistrate; Rajahmundry. The circumstances under which this petition has been preferred are these: The petitioner herein as the guardian of his minor daughter filed a suit in O. S. No. 33 of 1848 on the file of the Subordinate Judge, Rajahmundry, on the basis of a will said to have been executed by one Gunnamma. The will was filed along with the plaint. There was also a letter said to have been written by the two sons of Gunnamma confirming the will and it was also filed along with the plaint and the will. This suit was filed against the complainant in P. R. C. No. 11 of 1953 who was the first defendant in the suit. The defendant there claimed the properties under a settlement said to have been executed by one of the sons of Gunnamma. The defendant in his written statement attacked the will and the letter as forgery. The documents were sent to the Finger Print Expert as the will was only bearing the thumb impression of the testator. The petitioner herein, i.e., the father of the minor girl also gave evidence in support of the will. But after the opinion of the Finger Print Expert was obtained, the father withdrew the suit with the permission of the court and the suit was ultimately dismissed. The first defendant, therein has thereafter filed this complaint against the petitioner for an offence under Rs. 467 and 471, I. P. C. The learned Magistrate after taking evidence has committed the petitioner to take his trial for an offence under Sections 467 and 471, I. P. C. Against that committal, this petition was preferred for quashing the committal order.

(2.) The main point oh which Mr. Jayarama, Aiyar appearing for the petitioner seeks to quash this committal is that on the facts an offence under Section 193. I. P. C. is disclosed for which the court cannot take cognisance without a complaint by the court as provided under Section 195(1)(b), Criminal P. C. The first question which arises for consideration is whether on the facts mentioned in the complaint, an offence under Section 193, I. P. C. is revealed. Section 193 reads as follows:

(3.) Mr. Jayarama Aiyar does not give up his contention that the petitioner, though he appears only as guardian of the minor girl, is still a party to the proceeding. But it is unnecessary to go into the question at the present moment and I reserve my opinion on the question whether the guardian can be a party to a proceeding or not, as this case can be disposed of on the other point viz., that when the allegations amount to an offence under Section 193, I. P. C., a complaint of court is necessary under Section 195(1) (b), Criminal P. C. and this cannot be evaded by prosecuting the accused for an offence for which a complaint of court is not necessary.