TILAK RAJ PANDOH Vs. JAGAN NATH

JUDGEMENT

(1.) This petition has been preferred under section 561-A Cr.P.C with a prayer to quash the orders dated 14.6.2003 and 24.12.2003 passed by the learned City Judge Judicial Magistrate, 1st Class, Jammu in a complaint titled Jagan Nath versus Tilak Raj Pandoh by virtue of which the learned Magistrate has directed an inquiry under section 202 Cr. P.C to be conducted by a Senior Police Officer and the Superintendent of Police City North, Jammu, was directed to conduct a detailed inquiry and, if need arises, he :an seek assistance of the hand writing expert and also summon the original record.

(2.) Respondent, Jagan Nath, preferred a complaint before the learned Oity Magistrate, Jammu, in alleging that the accused had prepared forged documents and by using the same, he has obtained the decree against the complainant from the Civil Court. The appeal was preferred in raising the plea of forgery and fraud perpetuated by the accused, but the judgment and decree of the trial Court was upheld in the higher forums and in the Apex court as well, having been passed on technical ground. It is further stated that the promissory notes manufactured by the accused were alleged to have been executed in April, 1989 indicating that the complainant has promised to pay sum of Rs.10,000/-. It is further pleaded that the documents were prepared by the accused and forged signatures of the complainant were affixed on promissory notes and succeeded in proving his claim on the basis of the said documents.

(3.) The Magistrate after recording the statement of the complainant, postponed the issuance of process and directed an inquiry to be conducted by a Sr. Police Officer under section 202 Cr. P.C to ascertain the fact as to whether the complainant has any valid base, calling for the issuance of the process to a person complained against. The inquiry was directed to be conducted by the Superintendent of Police, City North, Jammu under section 202 Cr. P.C and he was asked to submit the report within a period of one month, vide order dated 14.6.2003. Since Investigating Officer has entrusted the investigation to Incharge Police Station City, the Magistrate again impressed upon the Superintendent of Police City North to conduct a detailed enquiry into the matter and he can also seek assistance of hand writing expert, if need arises, besides, summoning of the record, vide order dated 24.12.2003 of which the petitioner is aggrieved of and became the subject-matter in this petition for quashment, in invoking inherent jurisdiction of this Court under section 561-A Cr. P.C.