MOHINDER KAUR Vs. SARDARA SINGH

JUDGEMENT

(1.) A complaint under Sections 193, 196, 199, 209, 420, 427 and 109 of the Indian Penal Code, was filed against the Petitioner Mohinder Kaur and two others before the learned Judicial Magistrate 1st Class, Ambala. The Chief Judicial Magistrate dismissed the complaint on 19th June, 1970 on the ground that the Settlement Officer before whom the false documents are alleged have been used by the accused persons had not filed the complaint under Section 195 of the Code of Criminal Procedure, therefore, the complaint was maintainable. The complainant went in revision before the learned Additional Sessions Judge, Ambala. The learned Additional Sessions Judge, Ambala, vide his order dated 16th January, 1971 accepted the revision petition and directed the learned Chief Judicial Magistrate to proceed with the complaint and decide the same on merits. Smt. Mohinder Kaur Petitioner approached this Court through this revision petition against the order of the learned Additional Sessions Judge, Ambala; dated 16th January 1971.

(2.) I have heard Mr. P.S. Mann, the learned Counsel for the Petitioner, Mr. H.S. Awasthy, the learned Counsel for Respondent No. 1, and Mr. Naubat Singh, the learned District Attorney for the State of Haryana, at considerable length, and am of the opinion that there is no merit in this petition. Mr. Mann, the learned Counsel for the Petitioner vehemently contended the following two points before me:

(3.) THE learned Counsel has relied on the Observations of their Lordships of the Supreme Court in a case reported in Virendar Kumar Satyawadi v. The State of Punjab : A.I.R. 1956 S.C. 153, which are to the following effect: