TOTA RAM Vs. SPECIAL JUDICIAL MAGISTRATE

JUDGEMENT

(1.) THIS is an application under sec. 482 CrPC praying that the proceedings against the applicants in Criminal Case No. 134 of 1978 pending in the Court of Special Judicial Magistrate, Agra be quashed.

(2.) IT is alleged in the application that opposite party no 2 filed a complaint against the applicants in the Court of Special Judicial Magistrate, Agra under sections 195/ 465/ 468/ 471/ 109/ IPC which was dismissed on 28-2-1973 on the ground that it was not maintainable in view of section 195(1) (b) Cr. P. C. Opposite party no. 2 thereafter filed a second complaint in the Court of the Special Judicial Magistrate, Agra, under sections 109/467/468/471 I. P. C. The learned Magistrate by his order dated 18-3-1978 summoned the applicant under sections 465/468/471 read, with section 34 IPC. An application was filed by the applicants in the Court of the learned Magistrate praying that this; complaint be also dismissed as it way not maintainable in view of section 195 (1) (b) Cr. P. C. which was rejected by the learned Magistrate by his order dated 9-6-1978.

(3.) A plain reading of the aforesaid section shows that no Court can take cognizance of any offence described in section 463 or punishable under section 471 IPC, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in a Court except on a complaint in writing of that court or some other Court to which that Court is subordinate. If the Rent Control and Eviction Officer (Tehsitdar) is a Court within the meaning of section 193 (1) CrPC then the complaint filed by opposite party no. 2, against the applicants under sections 465/468/471 read with section 34 IPC is obviously barred by section 195 (I) (b) CrPC.