DURGA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under section 482, CrPC to get proceedings in Criminal Case No. 268 of 1978 pending in the court of Special Judicial Magistrate, Basti quashed.

(2.) THE first ground urged by the learned counsel for the petitioner was that since the document said to be foregd which was a Will and was produced in the court of the Tahsildar, therefore, the complaint filed would come within the ambit of section 195 (1) (b) (ii) CrPC. THErefore, the complaint could not be filed by Manni, but had to be filed by the Tahsildar as presiding officer of the court in which the document was filed. THE second ground urged is that no offence was made out either under section 167 or section 218 of the IPC because it was the duty of the Secretary of the Gaon Sabha to prepare these registers in which false entry was said to have been made and, therefore, the complaint could not be brought against the Pradhan. As against this it was.contended by the learned counsel for the opposite party that lit was the duty of the Pradhan to prepare these registers.

(3.) THAT leaves the complaint only in respect of two other offences said to have been committed under sections 167 and 218, IPC.