NIRMALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have preferred present petition under Section 482 of the Code of Criminal Procedure (in short, 'the Code') for quashing of FIR No. 419 dated 22.11.2011 under sections 420, 467, 468, 471, 120B of Indian Penal Code, registered at Police Station Civil Lines, Amritsar City and proceedings emanating therefrom. The brief facts of this case are that Mamta, filed a criminal complaint under Sections 406 and 498A IPC in the Court of Judicial Magistrate, Amritsar and the petitioners were summoned to face trial in the said proceedings. The petitioners filed a petition for grant of bail in anticipation of arrest, which was allowed by the Additional Sessions Judge, Amritsar. The petitioners put in appearance before the trial Magistrate and were ordered to be released on bail. In pursuance to the order passed by the Judicial Magistrate, the petitioners were required to furnish their personal bonds as well as surety bonds. The petitioners produced sureties before the Court, who furnished their surety bonds and produced copies of jamabandies in support of their claim of being competent sureties. The jamabandies produced by the sureties were found to be forged, which led to registration of instant FIR for the aforesaid offence wherein the petitioners have been indicted being a party to the conspiracy with the accused who produced forged jamabandies before the Court.

(2.) COUNSEL for the petitioners contends that the criminal proceedings initiated by Mamta for offence under Sections 406 and 498A of Indian Penal Code, in which the petitioners were directed to furnish their surety bonds, were eventually quashed by this Court in petition filed by the petitioner, decided on 09.08.2011.

(3.) ANOTHER submission made by counsel is that there is no evidence against the petitioners that they had anything to do with the forging of documents or entering into a conspiracy with the sureties for producing forged documents before the Court, therefore, ingredients of offence under Section 120B IPC are not made out, which entitle them to the relief sought for.