CHIMNALAL Vs. NATHMAL

JUDGEMENT

(1.) THIS is an application by way of revision under sec. 435 of the Code of Criminal Procedure directed against the judgment of the learned Sessions Judge, Jhunjhunu, dated 22-1-1971, whereby he upheld the order of the Sub Divisional Magistrate, Nawalgarh, dated September 30, 1969, by which the petitioner's complaint was dismissed in view of sec. 195 (l) (c) of the Code of Criminal Procedure.

(2.) THE brief facts, which are relevant for the disposal of this petition, are these - Chimnalal petitioner had filed a complaint against accused Nathmal and Laduram on December 7, 1967, in the Court of the Court of the Sub Divisional Magistrate, Nawalgarh,, on the allegations that a piece of land measuring 216 feet East-West and 216 feet North-South, measuring 46,656 sq. ft. situate near Railway Station, Dundlod Mukandgarh, belonged to the joint family firm of M/s. Jawaharmal Nandlal. It was purchased through a 'patta' dated Asad Sudi 11 Samwat 1999 and, on October 12, 1960, it was given on lease for a period of ten years to firm Babulal Modi for installing a Petrol Pump and presently such a pump is in existence thereon. Nathulal accused, in order to get this land, set up his claim of ownership, and for that put pose, forged a 'patta' of Thikana Dundlod of Miti Baisakh Sudi 10 Samwat 2010, in the name of his servant Laduram, the second opposite party before me, and obtained a sale deed from him in regard to the land aforesaid and presented it for registration before the Registrar of Deeds on August 1, 1966, and succeeded in getting it registered. Later on, however, the registration was cancelled. On September 28, 1966, a civil suit (No. 260 of 1966) was instituted by Chimanalal for recovery of rent in regard to the land above mentioned to which Nathmal was a party. A complaint was presented, as already stated, on December 7, 1967, alleging that the accused persons had committed an offence under sec. 467, I. P. C. THE Sub Divisional Magistrate sent it for investigation u/s. 155 of the Code of Criminal Procedure, to the Police Station, Nawalgarh. After necessary investigation, the police came to the conclusion that the allegations made in his complaint were correct. THE Station House Officer of the Police Station, Nawalgarh, moved the Sub Divisional Magistrate that a prima facie case had been made out. Eventually, a Chilian was presented against both the accused persons Nathmal and Laduram by the police on 6-6-1968, under secs. 420, 467 and 468 I. P. C. THE accused, however, moved an application before the Sub Divisional Magistrate raising the objection that he had no jurisdiction to take cognizance of the offence in view of the provisions contained in sec. 195 (l) (c) of the Code of Criminal Procedure THE learned Magistrate relying on a number of rulings cited before him, accepted the contention of the accused and while dismissing the complaint quashed the proceedings against the accused. Dissatisfied from this order, the complainant moved the learned Sessions Judge, Jhunjhunu, but without success. He has now come before me in revision.

(3.) IN the result, the revision application is accepted and the orders of the learned Sub-Divisional Magistrate, Nawalgarh, dated September 20, 1969 and of the learned Sessions Judge, Jhunjhunu, dated January 22, 1971, are hereby quashed. The case will now go before the appropriate court for further action.