SHAUKAT ALI Vs. REHANA PARVEEN

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed order dtd. 10/11/2021 passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. in Criminal Case No. 13/2 of 2018, whereby the direction has been issued to register an FIR against petitioner and others for commission of offences under Ss. 465 and 471 of IPC.

(2.) Brief facts necessary for adjudication of the petition are that respondent No.1 (hereinafter referred to as the 'Complainant') filed a complaint before learned Chief Judicial Magistrate, Nahan with a prayer to direct the SHO, Police Station, Nahan under Sec. 156 (3) of the Code of Criminal Procedure (for short, 'the Code') to investigate the allegations made in the complaint in accordance with law.

(3.) Complainant alleged in the complaint that petitioner was her real brother. A civil suit in respect of immoveable property filed by the petitioner against the complainant and her another brother named Gulam Sabir was pending before the Civil Court at Nahan. Petitioner had failed to obtain interim injunction in the said suit. His appeal against order of rejection of interim application was also dismissed. Having failed to obtain favourable order, petitioner conspired with two other persons named as co-accused in the complaint and manufactured a forged document in the shape of compromise deed dtd. 14/4/2012. On the basis of aforesaid averments, a prayer was made as noticed above.