SUBHKARAN SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) THIS criminal misc. petition has been filed against the order dated 14-12-1989 passed by the learned Additional chief Judicial Magistrate, No. 1, Alwar, whereby he had rejected the protest petition filed by the petitioner and accepted the final Report, submitted by the investigation agency in F. I. R. No. 24/1985. Being aggrieved of the said order, the complainant-petitioner preferred a revision petition and the same came to be dismissed by the learned Additional Sessions Judge, No. 2, alwar on 2-7-1998.

(2.) BRIEFLY stated, the facts of the case are that the complainant-petitioner had lodged a report on 17-2-1985, at Police Station malkhera, District Alwar, for the offences under Sections 120-B, 416, 467, 468 and 420, I. P. C. After registration of the report, the police investigated the matter and came to the conclusion that no offence was made out and, as such, they submitted a final Report before the concerning Court. The petitioner-complainant then filed a protest petition before the learned Magistrate. Thereafter, the statement of the petitioner and his witnesses were recorded. The learned trial Court, by the order impugned dated 14-10-1989, dismissed the protest petition and accepted the Final Report submitted by the investigation agency. The protest petition was dismissed on the ground that since the petitioner had filed a civil suit and accused persons were party in the said suit, it is the Civil Court alone which was competent for initiation of criminal proceedings under the alleged offences, in view of the provision of Section 195, Cr. P. C.

(3.) BEING aggrieved of the said order passed by the learned Magistrate, the petitioner filed a revision petition before the learned Sessions Judge. The primary contention raised by the complainant-petitioner, before the revisional Court, was that the bar contained under Section 195, Cr. P. C. is not applicable because the alleged forged documents were created before filing of the civil suit. However, the revisional Court dismissed the petition on 2-7-1998, upholding the order passed by the learned Magistrate, and held that the Civil Court was the appropriate forum for initiating the criminal proceedings. Hence, this criminal misc. petition has been filed before this Court.