PARMA PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition is directed against the revisional judgment dated 29/09/1998 by District and Sessions Judge, Mau who has dismissed the revision filed by the petitioners.

(2.) The relevant facts of the case are that respondent No. 2 Vijai Bahadur Pandey filed a criminal complaint against the present petitioners under Sections 463, 464, 467, 468, 420 and 379, I.P.C. It was alleged in the complaint that on 27/04/1981 the accused persons obtained the thumb impression of one Sheo Pujan Pandey on a piece of paper and a forged Will was fabricated by the accused persons. This forged Will, it is alleged, was produced by the accused persons in mutation proceedings and later on in a civil suit instituted in the year 1996. It was also alleged in the complaint that the Will was stolen from the record of Revenue Court by the accused persons. The complaint was filed in the Court on 11/08/1997.

(3.) The learned Magistrate summoned the accused by his order dated 4/12/1997. An application was filed on behalf of the accused persons for recall of the order. By order dated 2/04/1998 the Magistrate deleted Section 379, I.P.C. and the rest of the order was confirmed. Being aggrieved against order dated 2/04/1998 the present petitioners filed a revision before the Court of Sessions inter alia on the ground that the prosecution for the offences under the above Sections is barred by the provisions of Section 195(1)(b)(ii), Cr. P. C. By the impugned order dated 29/09/1998 the learned Sessions Judge repelled this contention and dismissed the revision. Hence this writ petition.