RAGHBIR SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) This petition under Section 482, Code of Criminal Procedure, has been filed with the prayer for quashing the complaint dated September 14, 1994 (Annexure P1) and the summoning order dated July 2, 1994 (Annexure P-4) issued by the Court of Judicial Magistrate Ist Class, Jalandhar.

(2.) Respondent Darbara Singh lodged the afore-mentioned criminal complaint under Section 120-B, 467, 420, 468 and 471 read with Section 34. Indian Penal Code, against Raghbir Singh petitioner and his three co-accused in the Court of Judicial Magistrate Ist Class, Jalandhar. On September 14, 1993 on the ground that the said accused had forged a will dated January 12, 1976 alleged to have been executed by Shiv Singh deceased, father of the, complainant in favour of the accused qua property No. 12 situated in Old Jawahar Nagar, Jalandhar. After examining the necessary evidence, the learned Judicial magistrate Ist Class, Jalandhar, vide order dated July 2, 1994, summoned accused including the petitioner under Sections 467, 468, 471, 120-B read with Section 34, Indian Penal Code. It is against the complaint and the summoning order that the present petition has been filed.

(3.) It has been contended by the learned counsel for petitioner that the complaint filed by the respondent was a frivolous one as the will executed by Shiv Singh father of the complainant was a genuine document. Thus, he contends that the Judicial Magistrate summoned the accused in the case without proper application of mind. Further his contention is that civil litigation with retard to the property in dispute is still pending in the Court. As the dispute regarding the property will be decided by the Civil Court criminal proceedings against the accused could not continue and the same be quashed.