BASIRUL HAQUE Vs. CHAND MOHAMMAD

JUDGEMENT

(1.) The order dated 5-10-1999 passed by learned Additional Sessions Judge of Kandi in the district of Murshidabad in Criminal Motion No. 6 of 1999 setting aside thereby the order dated 12-2-1998 passed by the learned SDJM (now ACJM) Kandi in C. R. Case No. 404 of 1980 whereby the learned SDJM discharged the accused persons under Section 245(3) of the Cr. P. C. is under challenge.

(2.) One Chand Mohammad who is the opposite party No. 1 herein lodged a complaint with the learned SDJM, Kandi on 23-4-1980 alleging forgery of one sale deed being No. 5177 of 1976 relating to immovable property belonging to his wife Rowsonara Begam. The petitioner No.2 herein allegedly executed the deed by impersonating herself as Rowsonara Begam in respect of the disputed property in favour of the petitioner No. 1 Basirul Haque and in that deed the petitioner No. 3 was a witness and petitioner No. 4 was the deed-writer and the allegations were that they all acted in conspiracy with each other so as to have a forged deed of sale executed to defraud the said Rowsonara Begam.

(3.) During the pendency of the case the complainant made a prayer for examination by comparison of the L. T. Is. of Rowsonara Begam, wife of the complainant and of accused petitioner No.2 Arjena Bibi as would be found in the deed and the learned trial Court allowed the prayer. Arjena Bibi refused to give her L. T. I. and ultimately the admitted L. T. Is. of Rowsonara Begam was taken by the Court for comparison and examination of the L. T. Is. with those appearing in the questioned document. Now according to the petitioners before this Court since during four years from the date of appearance of the accused persons no evidence could be tendered by the complainant they moved before the learned. SDJM for discharge under Section 245(3) of the Cr. P. C. and the learned Magistrate rightly discharged them by the order dated 12-2-1998 and it was wrongly interfered with by the learned Additional Sessions Judge by the impugned order dated 5-10-1999.