WAZIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WAZIR Singh, iccused petitioner, filed Civil Suit No. 170-1 of 1980 in the Court of Senior Sub Judge, Ferozepur. Alongwith the plaint of that suit, Wazir Singh produced a certified copy of the decree sheet passed by Shri J. S. Korey, Sub Judge, 2nd Class, Zira in Civil Suit No. 6 of 1974. The suit was decided by the learned Additional Senior Sub Judge, Ferozepur on 23rd October, 1982, holding that in the decree sheet, aforesaid Wazir Singh had made interpolations regarding the share of Madan Lal to the extent of 110 Kanals 3 Marlas in the disputed land. These findings resulted in the institution of proceedings under Section 340, Criminal Procedure Code, on the application of Mohinder Singh defendant in that suit. The learned Additional Senior Sub Judge, after holding an enquiry, filed a complaint against Wazir Singh for offences under Sections 420, 467, 468 and 471 of the Indian Penal Code.

(2.) BEING aggrieved against the filing of the said complaint, Wazir Singh petitioner had approached this Court for its quashment under Section 482, Criminal Procedure Code, mainly on the ground that the alleged forgery of the document, i.e. decree-sheet having not been committed after its production in the Court, the provisions of Section 195, Criminal Procedure Code were not attracted and the concerned Court was not competent to file any complaint. In the return filed on behalf of the State, the factual aspects of the case were admitted, but it was maintained that the provisions of Section 195, Criminal Procedure Code pertaining to the alleged forgery of documents even prior to their filing in the Court, were attracted.