RAM KISHAN Vs. RAM DIA AND ORS.

JUDGEMENT

(1.) CRM 13209 of 2011

(2.) THIS is an application for restoration of the main case.

(3.) THE present Petitioner filed complaint dated 11.12.2007 before the trial Court, alleging therein, that he is a resident of village Khukhrana, Tehsil and District Panipat and is having a right in Jumla Mushtarka Malkan, Samlat Deh and Gora Deh of Village Khukhrana, Tehsil and District Panipat. It was further alleged in the complaint that the judgment and decree dated 03.01.1989 passed in Civil Suit No. 1368/88 titled as Ram Dia v. Sumer Singh etc. passed by the T.C. Tanwar, SJIC, Panipat has been obtained by playing fraud in Court and the mutation of the above said land was illegally got sanctioned in favour of the accused persons. The said criminal complaint after recording of preliminary evidence was dismissed by the Additional Chief Judicial Magistrate, Panipat, vide order dated 04.04.2009 (P2) on the ground that a civil suit was pending and the civil Court has yet to give its finding qua specific averments of fraud and forgery as alleged by the Petitioner and the finding of the civil Court is binding on the criminal Court. Aggrieved, the Petitioner filed revision petition before the Additional Sessions Judge, Panipat, who too dismissed the revision petition, vide its judgment dated 20.01.2010. Thereafter, the Petitioner has filed the present petition under Section 482 Code of Criminal Procedure before this Court.