AKKO DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Revision No. 367 of 1998 whereby Smt. Akko Devi and Rattan Singh-petitioners herein have prayed for the setting side of the order dated 24.12.1997 passed by Judicial Magistrate Ist Class, Fategarh Sahib whereby learned Magistrate refused to take cognizance of case FIR No. 65 dated 16.11.1995 registered under Sections 420, 465, 468, 471, 419, 193 of the Indian Penal Code against Kulwinder Singh and others because of the bar created by Section 195 of the Code of Criminal Procedure to the taking of cognizance of the offences without the complaint by the Court before whom the said offences had been committed against them (Kulwinder Singh and others).

(2.) THIS revision has arisen in the following circumstances : Ram Singh and Basta Singh filed civil suit in the Court of Shri G.S. Jhaj, Sub Judge Ist Class, Fategarh Sahib against Smt. Akko Devi and Rattan Singh. They obtained decree dated 2.4.1984 against them by fraud and by producing some other persons in their place. When they (Akko Devi and Rattan Singh) came to know of that decree having been obtained by Ram Singh and Basta Singh through fraud and impersonation, they filed suit challenging that decree saying that they had never been served in that suit and they never appeared before the Court and they never suffered any statement in Court and the decree had been obtained through fraud and impersonation. Jaswinder Singh, Kulwinder Singh, Paramjit Singh, Amar Kaur, Kuldip Kaur and Sarabjit Kaur were impleaded in the suit being the legal representatives/heirs of Ram Singh. In that suit filed by Akko Devi and Rattan Singh challenging that decree, accused produced false death certificate in respect of Akko Devi in evidence and also gave false statement that the whereabouts of Rattan Singh were not known since the year 1984. This evidence produced by the accused was not believed by the Court and the suit of Akko Devi and Rattan Singh was decreed. Subordinate Judge gave specific finding that all the accused who were interested in the obtaining of the decree had falsely deposed regarding the death of Akko Devi and the missing of Rattan Singh. Death certificate produced by the accused was also held to be a false document. Accused preferred appeal against the decree, wherethrough, the previous decree was set aside but the appeal was dismissed.

(3.) I have heard the learned Counsel for the petitioners and learned AAG Punjab for the respondent-State.