SUBHASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition for quashing, setting -aside judgement dated 5.5.2011 passed by learned Additional Sessions Judge (1), Kangra at Dharamshala, in Criminal Revision No. 15 -1/2008, reversing order dated 12.5.2008, passed by learned Judicial Magistrate Ist Class, Jawali, in Criminal Case No. 49 -1/08.

(2.) IT has been stated that one Amar Singh reported to Police Station, Jawali on 5.4.2005 that petitioner and proforma respondents as a result of personation, cheating, forgery executed an agreement to sell as well as sale deed of his land situated in Rajasthan. The police registered FIR No. 55 dated 5.4.2005 at Police Station, Jawali under sections 420, 465, 467, 468, 471, 120 -B IPC. On completion of investigation, the police submitted the challan before Judicial Magistrate Ist Class, Jawali.

(3.) I have heard the learned counsel for the parties and have also gone through the record. It has been submitted by the learned counsel for the petitioner that State had filed the application dated 4.4.2008 before the learned trial court disputing the jurisdiction of the court, but this is not factually correct. The application was filed by the Assistant Public Prosecutor. The perusal of application dated 4.4.2008 indicates that Assistant Public Prosecutor submitted to the learned trial court to decide the question of jurisdiction before taking cognizance. In the present case, there is alleged agreement dated 31.7.2004 and the stamp papers of alleged agreement were purchased at Jawali and on those stamp papers Ikrarnama has been written and thereafter forged sale deed was executed. The purchasing of stamp papers for preparing Ikrarnama is a part of conspiracy for executing forged sale deed.