GEEJ RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 341, Cr. P. C. is directed against an order of the learned Sessions Judge, Si-kar, dated 7th July, 1977, in a case under Section 193, IPC and Section 340, Cr. P. C.

(2.) BRIEF facts leading to this appeal are that the appellant Gees Raj submitted an application under Section 282 of the Succession Act, 1925, r/w Section 193, I. P. C, and Section 340, Cr. P. C. against non-applicant Kishan Dev for prosecuting the non-applicant under Section 193, I. P. C. Broadly speaking the case of the appellant as set up in the application was that the non-applicant Kishan Dev had submitted an application before the Sub-Divisional Officer, Sikar, that he was the adopted son and legal heir of Laxmi Narain deceased and he was entitled to get the jagir compensation of the jagir sanctioned in favour of Laxmi Narain deceased, According to the appellant that application was ultimately dismissed by the Board of Revenue on 26th April, 1967. It was further alleged that the non-applicant submitted an application for the grant Of succession certificate in the court of District Judge and obtained an order of grant of succession certificate in his favour of the debts and assets left by the deceased Laxmi Narain. It was further mentioned that in the application for the grant of succession certificate the non-applicant concealed the fact that in the Revenue Courts his application for the grant of jagir compensation had been dismissed right up to the Board of Revenue and in those proceedings it was found that he was not the legal heir of Laxmi Narain.

(3.) IN reply to the aforesaid application the non-applicant took the stand that the application has been filed by Geeg Raj with mala fide intention. He was a tenant of the non-applicant and in a suit for ejectment filed by him Geei Raj had himself admitted that the non-applicant was the adopted son of Laxmi Narain. Ejectment case was decided in favour of the non-applicant right up to the High Court and this petition has been filed mala fidely to put undue pressure on the non-applicant so that he might not execute the decree for eviction. It was also alleged that there was no other legal heir of Laxmi Narain deceased and the non-applicant was the nearest heir and was adopted by Laxmi Narain. It was also alleged that nobody else contested the proceedings of grant of succession certificate in favour of the, non-applicant and the appellant Gees Raj should be prosecuted for filing such false complaint. The learned District Judge came to the conclusion that the application filed by Geeg Raj was wholly baseless and had been filed merely in order to harass and defame the non-applicant Kishan Dev. Under these circumstances the learned District Judge by his impugned order dismissed the application filed by the appellant and passed an order that the appellant should be prosecuted for an offence under Section 211 I. P. C. and a complaint in this regard may be filed in the court of Chief Judicial Magistrate, Sikar, for trial. Aggrieved against this order this appeal has been filed by Geeg Raj, appellant.