SHARDA KADAN Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) SHARDA Kadan filed Crl. Misc. No. M -34361 of 2008 in this Court arraying Ashok Kumar, Des Raj Karma and Amarnath as Respondents No. 4 to 6. Prayer in the petition was for direction to Respondents No. 2 and 3 (police authorities) to initiate action against Respondents No. 4 to 6 for having sold the land of Petitioner Sharda Kadan on the basis of false and forged Special Power of Attorney prepared on her behalf in favour of Respondent No. 4 in connivance with Respondents No. 5 and 6. The aforesaid petition was dismissed by this Court vide order dated 24.12.2008. Along with this petition, Sharda Kadan annexed her affidavit stating inter alia that nothing relevant has been kept concealed.

(2.) ASHOK Kumar - Respondent No. 4 has filed the instant petition (Crl. Misc. No. 40664 of 2009) under Section 340 of the Code of Criminal Procedure (in short - CrPC) for initiating criminal proceedings against non -applicant/petitioner Sharda Kadan for offence under Sections 193 and 471 of the Indian Penal Code (in short - IPC). It is alleged in the instant application that Petitioner Sharda Kadan had earlier filed criminal complaint dated 12.08.2006 (Annexure P -3) on same averments against Respondents No. 4 to 6 herein and the said complaint was dismissed in default by learned Sub Divisional Judicial Magistrate, Malout vide order dated 04.05.2007 (Annexure P -4). It is further stated that Petitioner had also filed criminal complaint on 07.06.2007, but these material and relevant facts were concealed by the Petitioner in Crl. Misc. No. M -34361 of 2008, and thereby, the Petitioner committed offence under Sections 193 and 471 Indian Penal Code, for which the complaint is required to be made under Section 340 Code of Criminal Procedure.

(3.) I have heard learned Counsel for the parties and perused the case file.