NACHHATTAR SINGH Vs. RAI SINGH

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed for quashing of the order dtd. 9/10/2015 (Annexure P-1) and the order dtd. 8/2/2017 (Annexure P-2) vide which the application and appeal (respectively) of the petitioner under Sec. 340 Cr.P.C. read with Sec. 195 Cr.P.C. for registering the complaint against the respondent-accused under Sec. 191, 192, 193, 199, 200, 209, 120-B of the IPC has been dismissed.

(2.) The brief facts of the case as emanating from the petition are that the petitioner and respondent Nos.1 and 2 are real brothers. The petitioner filed a civil suit for possession by way of partition and permanent injunction against the respondents in the year 2012. During the course of the said proceedings, the respondents filed their written statement, reply to the application under Order 39 Rules 1 and 2 and an affidavit, wherein they are said to have willfully/intentionally denied the ownership of the petitioner of the land in question. A true translated copy of the affidavit of respondent-Rai Singh was attached as Annexure P-4.

(3.) The said civil suit was decreed and decided in favour of the petitioner on 15/3/2014 (Annexure P-3). The petitioner thereafter, filed an application under Sec. 340 read with Sec. 195 Cr.P.C. for registering a complaint against the respondents under Ss. under Sec. 191, 192, 193, 199, 200, 209, 120-B of the IPC for making a false complaint in the Court knowing the same to be false before the Court of Sub Divisional Judicial Magistrate, Phul. The said Court dismissed the application of the petitioner vide order dtd. 9/10/2015 (Annexure P-1).