LAWS(ORI)-1990-5-38

PADMA SABAT Vs. SUSILA GOUDA AND ORS.

Decided On May 03, 1990
Padma Sabat Appellant
V/S
Susila Gouda Respondents

JUDGEMENT

(1.) THIS revision is preferred against the order of the learned Sessions Judge, Berhampur, Ganjam, in Criminal Revision No. 134 of 1984 setting aside the order dated 31 -7 -1984, passed by the Judicial Magistrate, First Class, Surada, in I.C.C. No. 7 of 1983 taking cognizance against the accused persons of the offences under Sections 419, 467 and 109, I.P.C.

(2.) THE present Petitioner was the' complainant in I.C.C. No. 7 of 1983 and filed the complaint petition against five accused persons (the present opposite parties) alleging that they have forged a sale deed and produced the said sale deed in the mutation proceedings for getting the land mutated in favour of opposite party No. 1. On the basis of the complaint petition and the initial statement of the complainant, cognizance was taken against the accused persons under Sections 419, 467 and 109, I.P.C.

(3.) RELYING on the above quoted provisions, the learned Counsel for the Petitioner contended that the complaint petition filed by the Petitioner is maintainable on the following grounds: