LAWS(P&H)-2008-8-13

BASANT LAL Vs. SUMEDHA KATARIA ADMINISTRATOR

Decided On August 04, 2008
BASANT LAL Appellant
V/S
Sumedha Kataria Administrator Respondents

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. whereby the petitioner has prayed for setting aside the order dated 11.2.2006 passed by the Addl. Sessions Judge, Fast Track Court, Kurukshetra.

(2.) BRIEFLY stated the facts of this case are that the petitioner filed a complain under Sections 420, 465, 467, 471, 466, 468, 167, 120-B, 109, 34 of IPC, Police Station City Thanesar before the Judicial Magistrate Ist Class, Kurukshetra, who vide his order dated 21.4.2003, summoned respondent No. 1 along with order accused by passing the following orders :- "Heard. Careful consideration given to the contents of the complaint, preliminary evidence led by the complainant as well as document made available on the file, goes to prima-facie show that the accused of the present case have committed on offence punishable under Sections 420/467/468/167/120-B of the Indian Penal Code. No detailed reasons are required to be given in view of the law laid down by Hon'ble Apex Court in case of U.P. Pollution Control Board v. M/s. Mohan Meakins Ltd. and others, 2000(2) RCR, 421. Accordingly, accused of the present case be summoned for 7.7.2003 for the commission of aforesaid offence, on filing of P.F, copies of complaint etc".

(3.) THE complainant/petitioner has filed the present petition alleging therein that father of the petitioner had died on 21.9.1987 and the entries have been changed in the name of his father Sada Ram, who was not even alive on that date. Therefore, the respondents have committed forgery.