LAWS(P&H)-1986-1-24

HARNAM SINGH Vs. STATE OF PUNJAB

Decided On January 09, 1986
HARNAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) WITH the aid of this petition under Section 482 of the Code of Criminal Procedure, Harnam Singh petitioner implores this Court to quash the order of the Additional District Judge, Ludhiana to file a complaint under Sections 466 and 471, Indian Penal Code, against him.

(2.) IT appears that in the year 1975, Mukhtiar Singh, Mohinder Singh and Malkiat Singh challenged the decree dated August 31, 1974, obtained by Harnam Singh petitioner from the Court of Shri Gopi Chand, Sub-Judge, Ist Class, Ludhiana, on the ground of fraud. This suit was contested by the petitioner and others which was dismissed on October 28, 1978. Aggrieved by this order, the plaintiffs filed an appeal in the Court of the Additional District Judge, Ludhiana, which was allowed vide order dated August 18, 1980 and the judgment dated October 28, 1978, was set aside. Mukhtiar Singh and others then filed an application under Section 340 read with Section 195, Criminal Procedure Code, 1973 (for short the Code), in the Court of Additional District Judge, Ludhiana praying that a complaint be filed against Harnam Singh preparing false documents and using the same as genuine during the trial of the civil suit in the Court of Shri Gopi Chand, Sub-Judge, Ludhiana. The learned Additional District Judge thought that he had the power under Section 340 of the Code to file a complaint and acted accordingly. The principle point that arises for consideration is whether the Additional District Judge's Court was a Court which could exercise jurisdiction under Section 340(2). The matter is not now res integra. In Kuldip Singh v. State of Punjab and another, 1956 SCR 125, the Hon'ble Judges of the Supreme Court had made the following observations :-