SHAM SUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by Sham Sunder, hereinafter described as the "the petitioner", directed against the order passed by the learned Judicial Magistrate 1st Class, Dasuya, dated 3.2.1996. By virtue of the impugned order, the learned trial Court held that prima facie a case punishable under Sections 466/468 and 471 of the Indian Penal Code is drawn against the petitioner. Thereafter, the learned trial Court had framed the charges with respect to the aforesaid offences to which the petitioner has pleaded not guilty and claimed a trial.

(2.) SOME of the relevant facts for disposal of the present revision petition are that the learned Sub Judge 1st Class, Dasuya, had given an information on the basis of First Information. Report had been recorded. It pertained to the fact that a civil suit titled Sham Sunder v. Gram Panchayat of Village Lodhi Chak had been filed for permanent injunction. The petitioner was the plaintiff. He prayed for an interim injunction to restrain the respondents to dispossess the petitioner from the suit land during the pendency of the suit. A complaint was filed by the Sarpanch of the Gram Panchayat. He stated that the land in question was on lease with the petitioner. The petitioner did not make the payment of the amount. A notice was issued to him for depositing the amount. In the suit filed by the petitioner, no ad interim injunction had been granted. The petitioner was alleged to have produced a photocopy of an order to show that the defendants in that suit were restrained from dispossessing the petitioner from the suit land. The said copy was shown to Shri Krishan Lal counsel for the respondent. The said counsel had stated that it appears to be a forged document. The judicial file also indicated that no such ad interim injunction had been granted. After investigation, report had been submitted under section 173 of the Code of Criminal Procedure and thereupon after compliance of other procedural aspects impugned order had been passed by the Judicial Magistrate.

(3.) TO appreciate the said contention reference can be made to Section 463 of the Indian Penal Code which defines forgery. It reads as under :-