BALDEV RAJ Vs. JAI SINGH

JUDGEMENT

(1.) A complaint under Sections 193, 204, 204-A,467, 120 and 34 of the Ranbir Panel Code was filed by the complainant, Jai Singh, before the court of competent jurisdiction. It was alleged in the complaint that revenue record of land in respect of the Survey Nos. 165, 166, 167, 168, 172 and 173 of village Chak Ram Chand which was in the cultivating possession of the father of the complainant even prior to 1971 was illegally and with criminal intention mutilated and literally destroyed. The cognizance was taken by the learned Judge and issuance of issue process was deferred and matter was referred for enquiry under Section 202 Cr. P. C. After the enquiry report was submitted learned trial Judge ordered for issuance of process against the petitioners-accused and respondents 2 to 9 vide order dated 4.09.2009. It is this order which is called in question in this petition.

(2.) Heard learned counsel for the parties. Considered the matter.

(3.) After arguing for a while, when it was brought to the notice of learned counsel for respondents that learned trial Judge while ordering for issuance of process has not referred to material/evidence which would prima facie connect the accused persons with the commission of offence, the learned counsel for the complainant-respondents submitted that sufficient material is available on the files of trial court which is sufficient, in law, to warrant for issuance of process against the accused persons.