DEV RAJ KOHLI Vs. NIRMAL KUMARI

JUDGEMENT

(1.) THIS criminal revision is directed against the order of reversal to have been passed by the learned Sessions Judge Rajouri dated 28 -2 -1985 whereby in an appeal preferred by the petitioner Smt. Nirmal Kumari, "hereinafter referred to as the defendant , against the order of Munsiff Magistrate Nowshera dated 23 -6 -1984 holding that the proceedings initiated under section 476/195 Cr. P.C. read with Section 193 RPC by the defendant against the respondent Dev Raj Kohli, "hereinafter referred to as the plaintiff", were not maintainable and as such the petition moved before him by the defendant was dismissed as misconceived and the proceedings initiated on that score were dropped.

(2.) THE facts of the case which have given rise to this revision petition are that the plaintiff Dev Raj Kohli filed a suit for declaration and permanent injunction against the defendant Nirmal Kumari in the trial court with which an application for grant of interim injunction was also moved. With that petition in support of his application for issuance of a temporary injunction, an affidavit was attached. It was alleged by the defendant that the affidavit filed by the plaintiff was false and he had no interest or title over the suit property. He had sworn and presented a false affidavit in a judicial proceeding in order to cause wrongful gain to himself and wrongful loss to the defendant.

(3.) ON the said application of the defendant, after the evidence was recorded in the case, the learned Magistrate undertook that as in the case the legalities were involved, therefore there was no need to discuss the evidence in the matter and as such he disposed of the matter on the legal side of the case holding that the proceedings initiated were not contemplated under section 476/195 Cr. P.C, but provisions of Section 497 (A) Cr. P C. were invoked in the matter.