MEHBOOB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal miscellaneous petition under Section 482, Cr. PC is directed against the order of the Judicial Magistrate Dataramgarh, dated 9th Dec, 1983, by which, he passed order to take cognizance against the petitioners under Sections 198 and 120B, I.P.C.

(2.) TO understand the controversy it is necessary to mention here certain facts of the case. Non -petitioner No. 2 Fateh Mohammed and others filed a civil suit against the petitioners in the court of Munsif, Dataramgarh. One of the plaintiffs Gulam Hussain expired so, an application was moved for bringing on record his legal representatives. That application was contested by the defendant non -petitioners who raised an objection about filing of the application beyond limitation. In the civil suit, the defendants submitted a certificates of 2 doctors showing that Gulam Hussain died on particular date. The learned Munsif found that the certificates issued by the doctors were false ones, and that the petitioners had issued the certificates knowing it to be false ones. The learned Munsif passed order taking cognizance against the two doctors for issuing false certificates, and took cognizance under Section 197 I.P.C. Against that order, while the application for bringing on record the legal representatives of Gulam Hussain, was being considered in the lower court, the petitioners came in revision to this Court which was registered as S.B. Civil Revision No. 798/83. The said revision petition was decided by this Court on 17th Sept., 1985 and there in, it was observed as under: As far as the order pertaining to taking cognizance under Section 197 I.P.C., against the doctors is concerned, it appears to be quite unnecessary as failure to keep some record about the certificates issued by the doctors in the hospital itself would not be a matter on which prosecution should be started against them. While setting aside the order of the Magistrate as regards taking cognizance under Section 197 I.P.C. against the two doctors, the revision petition is dismissed.

(3.) UNDER Such circumstances, the order taking cognizance against the petitioners, is certainly an abuse of the process of law, as no cognizance could be taken in such circumstances.