ALLURI SURYA PRASAD Vs. KALIDINDI VENKATARAJU

JUDGEMENT

(1.) Consequent upon an observation made by the Subordinate Judge, Kowur, while disposing of Interlocutory Applications in OS. 92/88 filed by the petitioners herein, the defendant (first respondent herein) filed a private complaint against the petitioners before the n Additional Judicial 1st Class Magistrate, Kowur, alleging that the suit agreement was forged by the petitioners and thus committed an offence under Sections 465, 466, 468 and 474 IPC. The said complaint was taken on file by the learned Magistrate.

(2.) Sri B. Adinarayana Rao, the learned counsel for the petitioners vehemently contends that Section 195 (1) (b) (ii) CrP.C. is a bar for initiation of proceedings under Sections 466 and 467 IPC. and the observations are made in an Interlocutory Application only, and hence cognizance of offence under Sections 466 and 467 IPC is vitiated.

(3.) When the suit agreement alleged to have been forged either prior to the filing of the suit or during the pendency of the suit and filed into the Court and given in evidence, the Civil Court is competent to decide the point with regard to the nature of the said document only at the time of the disposal of the suit. So long as the main suit is pending, an observation made by the Civil Court, while disposal of an Interlocutory Application with regard to the nature of the suit agreement will not create any right to the defendant to file a complaint against the plaintiff.