LAKHPATI Vs. RAM LAKHAN

JUDGEMENT

(1.) J. C. Mishra, J. This revision has been filed by the complainant challenging the order dated 17-2-44 passed by Munsif Magislrate-II Gorakhpur dismissing the complaint on the ground that the complaint is barred by Section 195 (1) (h) (ii) of the Code of Criminal Procedure.

(2.) THE complainant filed a complaint alleging that the accused setting up an imposter got the sale deed executed and registered in her name on 3-4-95 and they thereby committed an offence punishable under Section 467, I. P. C. THE learned Magistrate recorded the statements of the witnesses as also of the accused under Sec tion 313, Cr. P. C. and decided the case by the impugned order. THE learned Magistrate was of the opinion that since the alleged forged sale deed was filed in the mutation proceedings the complaint could be filed by the said Court as required only by Section 195 (1) (b) (ii), Cr. P. C. THErefore, he dismissed the complaint and discharged the accused.

(3.) THE order passed by the learned Magistrate does not suffer from any il legality and, therefore, calls for no inter ference.