J. GOPALA KRISHNA Vs. KOLLI KISHORE

JUDGEMENT

(1.) The respondent herein had filed O.S. No. 93 of 2019 on the file of the Court of Principal Junior Civil Judge-cum-Metropolitan Magistrate, Visakhapatnam, against the petitioner herein for permanent injunction restraining the petitioner from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondent herein. The case of the respondent was that the petitioner herein had executed a deed of sale registered as document No. 4926/1986 in favour of the respondent and thereafter sought to interfere with the possession and enjoyment of the suit schedule property by the respondent. An application was also filed for temporary injunction restraining the petitioner from interfering with the said possession of the respondent. In the course of the hearing of the application, the said document bearing No. 4926/1986 was produced before the Court.

(2.) The case of the petitioner was that he had never executed any deed of sale and the document produced by the respondent was a fabricated document. Thereupon, the petitioner had moved I.A. No. 13 of 2020 under Sec. 340 of Criminal Procedure Code (for short 'Cr.P.C.') r/w Sec. 151 of Civil Procedure Code (for short 'C.P.C.') to conduct an enquiry into this issue and to forward a complaint to the appropriate Magistrate having jurisdiction for prosecution under Sec. 195 of Cr.P.C. This application was dismissed by the trial Court by an order dtd. 22/3/2021. Aggrieved by the said order of dismissal, the petitioner has approached this Court by way of this revision petition.

(3.) The trial Court took the view that an enquiry under Sec. 340 of the Cr.P.C. is premature, as no finding has been given by the trial Court regarding the said registered deed of sale and in any event, no material has been placed before the Court to establish ingredients of Sec. 340 of the Cr.P.C. The trial Court took this view on the ground that the suit is for permanent injunction and the question of whether the document was fabricated or not cannot be decided until the issues are framed and decided in the main suit.