BHADAI Vs. STATE OF RAJASTHAN & 2 ORS.

JUDGEMENT

(1.) Instant petition U/s. 482 Crimial P.C. has been filed assailing order dated 16.06.93 whereby in view of protection provided U/s. 195(1)(d)(ii), Crimial P.C., Chief Judl. Magistrate, Dholpur discharged the accused (Dhlire, Khajan & Bahadur Singh) for offences U/ss. 467, 468, 420, 471 IPC.

(2.) Brief facts giving rise to instant petition are that disputed sale deed dated 15.12.90 was filed in revenue suit pending between the parties on 23.03.91 - taking note whereof certain interim orders were passed in pending revenue U/s. 212 of the Rajasthan Tenancy Act..

(3.) Petitioner filed a complaint inter-alia alleging that very sale deed placed on record in proceeding pending before Revenue Courts is a forged document and proper action against accused (supra) be taken for offences U/Ss. 467, 468, 420, 471 IPC. Objection was raised on behalf of the accused (supra) that in view of the bar provided U/s. 195(1)(b)(ii), Crimial P.C. since document has already been taken on record and only the Court can initiate action against them and their objection was upheld by learned Magistrate vide order dated 16.06.93 and accordingly the accused were discharged of offences (supra)-against which complainant preferred Criminal Revision Petition No. 150/94 U/s. 397, Crimial P.C. before this Court but since it was incompetent being barred by limitation and this Court was not satisfied with explanation with regard to delay furnished for seeking condonation whereof U/s. 5 of Limitation Act, and application seeking condonation was dismissed-as a consequence whereof, revision petition was also dismissed vide order dated 11.07.95.