RAJ KISHORE BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under section 482 Cr. P. C. has been filed by the present petitioners assailing the order passed by the learned S. D. J. M. , Puri, in 2 (c)CC 17 of 1994 taking cognizance of offences under Sections 193/467/471 IPC, on the basis of complaint filed by the learned Subordinate Judge, Puri, under Section 340 (1)Cr. P. C. The petitioners also assail the order of the learned Ad hoc additional District and Sessions Judge, Fast Track Court no. 11, Puri, dismissing the petitioner's appeal bearing Criminal. Appeal No. 8/66 of 2001/1994 under Section 341 Cr. P. C.

(2.) THE brief fact of the case is that the present petitioners were defendants in Title suit No. 108 of 1991 in the Court of learned sub-Judge, Puri. In the said suit the defendants produced an unregistered Agreement for Sale, which was alleged by the plaintiff to be a forged and fabricated document. The said suit was decided by the learned Sub-Judge, Puri, vide his judgment dated 10. 9. 1993. After the disposal of the suit, the plaintiff filed a petition on 11. 10. 1993 before the learned Sub-Judge, Puri, under section 340 Cr. P. C. on the allegations that the defendants (present petitioners) along with others made conspiracy to forge a document to utilize the same in the aforesaid title Suit No. 108 of 1991 (marked Ex. C in the suit) and intentionally gave false evidence in the suit.

(3.) THE said petition of the plaintiff filed under Section 340 Cr. P. C. was registered as Misc. Case No. 242 of 1993 and the learned Sub-Judge, Puri, without holding a preliminary enquiry and only on consideration of the materials on record of the suit, vide order dated 10. 1. 1994, came to hold that the present petitioners (opposite parties in Misc. Case No. 242 of 1993) gave false evidence in a judicial proceeding and it appears that they have committed offences punishable under Sections 193 and 467 IPC. The relevant portion of the order of the learned Sub-Judge, Puri, dated 10. 1. 1994, is extracted below: