SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the criminal complaint No. 101 of 2010 titled as Surinder Singh v. Surjit Singh and others (Annexure P-1) including the summoning order dated 1.12.2010 (Annexure P-2) and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the complaint in question was not maintainable. As per Section 195(1)(b) Cr.P.C. the complaint could only have been filed by the Court as the alleged forgery was committed during the Court proceedings.

(2.) Learned State counsel as well as counsel for respondent No. 2, on the other hand, have opposed the petition.

(3.) Learned counsel for respondent No. 2 has submitted that forged Will had been presented in the Court by the petitioners. Forged written statement on behalf of Mam Raj was presented in the Court. Some fictitious person was produced in the Court by the petitioners as Mam Raj and on the basis of the said evidence, decree dated 18.9.1989 was got passed by the petitioners in their favour. The said decree was set aside and the Will dated 23.6.1989 was held to be forged and fabricated document upto the Apex Court. In support of his argument, learned counsel has placed reliance on 'Iqbal Singh Marwah and another v. Meenakshi Marwah and another, 2005 2 RCR(Cri) 178', wherein it was held as under:-