PURUSHOTTAM DAS MAHESHWARI Vs. VIMAL SINGH BAPNA

JUDGEMENT

(1.) This Misc. Petition under Section 482, Cr.P.C. has been filed against the order dated 20.8.2008 passed by Civil Judge (JD) and Magistrate, Kishangarh, Ajmer in Criminal Case No.1/2005 whereby the cognizance has not been taken against the respondent after inquiry under Section 340, Cr.P.C.

(2.) The short facts of the case are that complainant moved before the Additional District Judge, Kishangarh u/S. 340, Cr.P.C. on 22.9.2006 that the respondent abused the present petitioner and threatened to beat him in the court room and obstructed the proceedings of the court, for the same application under Section 340, Cr.P.C has been filed on 25.4.2006 which was sent for inquiry to the Civil Judge (Junior Division) on 3.5.2006. After inquiry, the court was of the opinion that there is no ground to proceed with the matter and hence this petition.

(3.) The contention of the present petitioner is that respondent No.2 has misbehaved in the court and obstructed the proceedings and he has also forged the Will. As regards forgery of the Will, separate FIR has been lodged by the complainant hence that controversy cannot be inquired under Section 340, Cr.P.C and admittedly Will has not been forged during the proceedings of the court.