DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 9/9/2016 passed by learned Judicial Magistrate First Class (JMFC), Ani, District Kullu, rejecting the objections filed by the petitioner against the cancellation report as confirmed by learned Sessions Judge in Criminal Revision No. 0100010 of 2011 dtd. 10/1/2019. (Parties shall hereinafter be referred to in the same manner as they were referred before the learned Trial Court for convenience).

(2.) Briefly stated, that the complainant filed a complaint under Sec. 156(3) of Cr. P.C. against the accused for the commission of offences punishable under Ss. 420, 467, 468, 471 and 120B of IPC. It was asserted that the accused No.4 (Prem Raj) was facing encroachment proceedings before Collector-cum-DFO. The accused prepared a false report that the encroachment was removed and the land was vacant. Accused No.3 made a false statement in the Court to benefit accused No.4. The structure of accused No.4 still existed on the spot and the construction was continuing. This fact was found in the demarcation given by Tehsildar on 8/8/2013.

(3.) The police conducted the investigation and submitted a cancellation report. Petitioner-objector filed the objection that the investigation was not conducted properly. The statements of authorized officials were not recorded. Learned JMFC held that no offence punishable under Ss. 420, 467, 468, 471 and 120B of IPC was made out. It appears to be an offence of giving false evidence in Court for committing forgery. Sec. 195 of Cr.P.C. creates a bar for taking cognizance of such offence if it is committed regarding the Court proceeding except upon the written complaint filed by the Court. No complaint was filed by the concerned Court and it is not permissible to file any complaint to the police.