MAHARAJI Vs. RAMA SHANKER

JUDGEMENT

(1.) BY this application un ­der Section 482, Cr. P. C. the applicants pray for quashing the proceedings in crimi ­nal case No. 16 of 1980 Ram Shanker v. Smt. Maharaji and others, pending in the court of the Munsif Magistrate of Allaha ­bad.

(2.) SMT . Maharaji moved an application under Section 34 of the Land Revenue Act for mutation of her name over certain ag ­ricultural land. She alleged that Bechan Ram Pandey, owner of the land had sold it to her and executed sale deed dated July 4, 1977 in her favour of consideration. The original sale deed was produced in the mu ­tation proceedings. The Naib Tehsildar al ­lowed the mutation of the name of Smt. Maharaji by order dated June 13, 1979.

(3.) THE Magistrate directed the police to hold investigation. The police reported that the accused seemed to have committed offence under Sections 419, 420, 467, 471, 109 and 120B of the Indian Penal Code. The present applicants who are accused in the criminal case, have moved this ap ­plication under Section 482, Cr.P.C. and urged that the Magistrate could not take cognizance of any of the offences except on the complaint in writing of the Revenue Court concerned, or of some other court to which that court was subordinate, in view of Section 195(1)(b)(ii) and (iii) of the Code of Criminal Procedure. Since there was no written complaint by the court con ­cerned, the criminal proceedings could not go on and were a clear abuse of the process of the court and were liable to be quashed.