DHARAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under Section 482 Cr. P.C. has been filed on behalf of the 169 petitioners against whom the police is investigating a case for offences under Sections 120B, 465, 467, 469 and 471 I.P.C. on a complaint forwarded to it by the learned Munsif and Judicial Magistrate, Karanpur, under Section 156(3) Cr. P.C.

(2.) I need not State the facts of the case at length because this application can be disposed of on a short point. Suffice it to say that the complainant Shri Inder Prasad had filed this complaint for the aforesaid offences alleging that the present petitioners had conspired and fabricated the resolutions dated 16.8.83 and 28.3.83 with a view to defame the complainant and to harm him. The complainant had before the filing of this complaint also filed a civil suit for declaration of the aforesaid resolutions as void and ineffective and for a permanent injunction restraining the present petitioners from interfering with his working as at Principal of Gyan Jyoti Siksha Samiti, Srikaranpur on 6.9.83 whereas the complaint was filed on 1.2.83.

(3.) The case of the petitioners is that no offences as alleged in the complaint are made out from the complaint and, therefore, the investigations in the case would result into unnecessary harassment to them and in the second place, it has been urged that as a civil suit had already been filed in which the alleged forged resolutions have already been produced before the court, cognizance of the offences under Sections 465, 467, 469 and 471 I.P.C. would be barred in view of Section 195(l) (b)(ii) unless a complaint is filed by the court in which the alleged forged documents have been produced in accordance with Section 340 Cr. P.C. and, therefore, no useful purpose would be served by the investigations by the police Iii this stage on this complaint.