SUBODH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceeding of Case No. 489 of 1997, including the order dated 22-12-1997 passed by the Judicial Magistrate, Khagaria, whereby the learned Judicial Magistrate has found prima facie case under Sections 466, 469 and 471 of the I.P.C. against the accused persons.

(3.) It was argued by the learned lawyer of the petitioners that the private complainant has filed the complaint petition in respect of alleged forgery committed in the Court of Sub-Divisional Magistrate, Khagaria in a proceeding under Section 107 of Cr. P.C. and it has been alleged that on the basis of the forged service report of notice the Sub-Divisional Magistrate had ordered to issue warrant against the complainant and his sons. It was also submitted by him that it has been alleged that the accused persons had got the service of the notice done by committing forgery and that forgery has been defined in Section 463 I.P.C. and Sections 466 and 469 I.P.C. provide punishment for committing forgery. The learned lawyer for the petitioners submitted that according to Section 195 of the Cr. P.C., no Court shall take cognizance of any offence described in Section 463 or punishable under Sections 471, 475 and 476 of I.P.C., when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, except on the complaint in writing of that Court or of some other Court to which that Court is subordinate but in the present case the complaint petition has been filed by a private complainant and not by any Court. The learned lawyer appearing on behalf of opposite party No. 2 and the A.P.P appearing on behalf of the State (Opposite Party No. 1) do not dispute these facts.