BALWINDER SINGH Vs. VIJAY KUMAR UPPAL

JUDGEMENT

(1.) The petitioner assails the judgment dated 08.07.2013 (Annexure P-4) passed in revision setting aside the order of Magistrate, who found prima facie case for framing charges against the respondent for offences under Sections 465/467/468 read with Section 34 of Indian Penal Code (IPC).

(2.) Proceedings before the Magistrate commenced on a private complaint filed by the petitioner. The main allegation in the complaint was that the respondent and the co-accused prepared a false lease deed dated 15.07.2004 by describing width of property as 30 feet, whereas the width actually is 25 feet. Rest of 5 feet of land is the street meant for use of complainant-petitioner as per sale deed dated 10.08.1967 vide which the complainant purchased the property.

(3.) Preliminary evidence was led and learned Magistrate passed an order summoning the respondent and one other person as accused. The co-accused died during pendency of the trial. After the pre-charge evidence was recorded, learned Magistrate passed the order which reads as under:-