DURGA DEVI Vs. JAGTAR SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure filed by Shrimati Durga Devi petitioner for quashing the proceedings under Sections 181/207/208/210 and 120 -B of the Indian Penal Code and the summoning order dated 30th November, 1982, passed by the Judicial Magistrate First Class, Fazilka.

(2.) THE facts which gave rise to this petition are that a declaratory suit was filed by the petitioner against her brother Shri Chaman Lal alleging that she was full owner of certain khasra numbers of land situated a mauza Ghatiwali Bodia, tehsil Fazilka, Shri Chaman Lal conceded the claim of the petitioner in that suit and the same was decreed in her favour on Ist October, 1977. Respondent No. 1 Jagtar Singh, who has almost nothing to do with the suit property, filed a complaint under Sections 181/207/208/210 and 120 -B of the Indian Penal Code in the Court of Judicial Magistrate First Class, Fazilka, alleging therein that the petitioner Shrimati Durga Devi and her brother Chaman Lal had secured the decree by stating false facts and putting forth a false claim before the civil Court. The learned Judicial Magistrate, after recording the statement of Jagtar Singh respondent No. 1 and another witness Sham Lal, summoned the petitioner and her brother Chaman Lal under the aforesaid Sections.

(3.) THE main thrust of Mr. G.R. Mijithia, learned counsel for the petitioner, against the impugned order is that the same was without jurisdiction. He has mainly relied upon the provisions of Section 195 of the Code of Criminal Procedure which reads as under : -