MOHAN LAL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By the instant Criminal Miscellaneous Petition under Sec. 482 Cr.P.C., the petitioner seeks recalling of the order dt. 03.04.2008 passed in S.B. Criminal Misc. Petition No. 1204/2007.

(2.) Heard learned Counsel for the petitioner and learned Public Prosecutor appearing for the State.

(3.) It is contended by learned Counsel for the petitioner that the order has been passed by this Court on 03.04.2008 ignoring the provision of Sec. 195(1)(b)(i) and (ii) of the Code of Criminal Procedure, 1973 (for short ''the Code '' hereinafter). According to learned Counsel for the petitioner, if any offence with regard to the documents in custody of the Court given in evidence is committed then the procedure of Sec. 340 of the Code has to be followed and only the Court is competent to file a complaint in which the forged document said to have been filed. It is also contended that the order dt. 03.04.2008 has been passed without impleading the petitioner as a party in criminal case.