(1.) FEELING aggrieved by the order of taking cognizance of an offence under Section 190 (1) (b) of the Code of Criminal Procedure, hereinafter referred to as the Code, passed by J. M. F. C. , Jabalpur, in Criminal Case No. 475/99 on 31-3-2001, the petitioner has knocked the door of this Court, seeking discharge in exercise of inherent powers, when his subsequent objection raised under Section 461 (m) of Code was turned down on 14-3-2002.
(2.) A perusal of certified copy of order dated 22-10-1999 passed by Ku. Tripti Kholia, J. M. F. C. , Jabalpur, in Criminal Case No. 475/99, discloses that on 22nd October, 1999, a police report under Section 173 of the Code of Criminal Procedure, was filed against one Devendra Kumar Dubey, by Police Madan Mahal, Distt. Jabalpur, for offences punishable under Sections 420, 467 and 468 of the IPC with these allegations that he prepared a false Revenue Case No. 2645-A/90 (b-9)/89-90 and forged an order dated 12-5-1990, purporting to have been passed by Competent Authority, Urban Land Ceiling Act, 1976, hereinafter referred to as the Act, permitting sale of some land. According to the prosecution, Devendra Kumar forged a notification purported to have been issued under Section 26 of the Act, 1976, by forging the signatures of competent authority appointed under the Act and thereby made an attempt to sell the land of his possession. This notification was submitted to the Competent Authority by one Laxmi Narayan Dubey. On an enquiry, the fact of forgery came to the knowledge of the Competent Authority under the Act, who lodged the FIR at Police Station, Madan Mahal, Jabalpur. During the course of investigation, specimen signatures of this petitioner Phoolchand were obtained and sent to the Government Examiner of Questioned Documents, Police Headquarters, Bhopal, on 13-11-1995, along with his standard hand-writing and questioned signatures. In report dated 16-4-1996, the Government Examiner of questioned documents, opined that the questioned hand-writing (signature) appears to be that of this petitioner Phoolchand Mishra. Police, Madan Mahal did not file this report of Govt. examiner of questioned documents dated 16-4-1996, along with Police report submitted under Section 173 of the Cr. PC. A photocopy of certified copy of order dated 18-10-2001 passed by IInd ASJ, Jabalpur, in petitioner's Criminal Revision No. 280/2001, reveals that the learned Magistrate called the report of State Examiner of Questioned Document before the stage of framing the charge and thereafter by order dated 22-104999 while discharging Devendra Kumar Dubey, this petitioner was ordered to be proceeded with under Section 319 of the Code, by her.
(3.) ON notice been served, the petitioner appeared before the Court of J. M. F. C. on 28-3-2001. The same day petitioner's Counsel was heard on show-cause notice and the case was fixed for orders on 31-3-2001. On 31-3-2001 the learned J. M. F. C. passed an order to the following effect:-