VIVEKANAND NAND KISHORE Vs. STATE

JUDGEMENT

(1.) VIVEKANAND has filed this revision against the revisional judgment and order of the learned Civil and Sessions Judge, Allahabad, rejecting his application praying for the dropping of the proceedings initiated against him under Sections 406, 420, 467 and 471, I. P. C.

(2.) THE facts giving rise to this revision lie within a narrow compass. It appears that the applicant presented an application before the Compensation Officer, Meja on the 19th, November. 1958 praying for the withdrawal of a sum of Rs. 80-98 P. which was payable as compensation to one Bans Bahadur. The application was accompanied by a Vakalatnama purporting to be signed by Bans Bahadur. The case for the prosecution is that the said Vakalatnama was forged by the applicant as Bans Bahadur had died some time before, and that after withdrawing Rs. 80. 98 P. on the strength of it, he misappropriated the said sum. When the matter came to the knowledge of the A. D. M. (E), Allahabad he made a report to the Police and the latter after enquiry submitted a charge-sheet against the applicant under Sections 406, 420, 467 and 471 I. P. C.

(3.) WHEN the case came up for hearing in the trial Court the applicant took a preliminary objection that as the present prosecution was in respect of offences relating to a document given in evidence the learned Magistrate could take cognizance of them only on the complaint in writing of the court before which the said document was produced, or some court to which such court was subordinate, and as no such a complaint had been made he could not take cognizance of those offences under Section 195 (1) (c) Cr. P. C, Both the Courts below rejected this objection thus giving rise to the present revision.