PRAVEEN KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of the CrPC seeking quashment of the order dtd. 22/7/2015 passed by the Judicial Magistrate First Class, Nainpur District Mandla, whereby the trial Court has taken cognizance of the offence, which according to the complainant was committed by the present petitioner under Sec. 420 of IPC.

(2.) It is contended by the learned senior counsel for the petitioner that a complaint under Sec. 420, 467, 468, 471 read with Sec. 34 of IPC has been filed before the trial Court alleging inter alia, that the petitioners were guilty of interpolation in a sale-deed, dtd. 12/4/1930 which was produced during course of trial of Civil Suit No.24-A/2013. It is contended by the counsel that in para 5 of the complaint allegations of manipulation were made by the complainant. Therefore, on the basis of the same, further allegations were made in para 5 of the complaint. The petitioners were impleaded in the complaint and accordingly prayer was made to take cognizance of the matter.

(3.) It is contended by the learned senior counsel that the trial Court vide impugned order dtd. 22/7/2015 though, has arrived at the conclusion that no case is made out to take cognizance under Sec. 467, 468, 471 read with sec. 34 of IPC, but has taken cognizance of the matter under Sec. 420 of IPC.