VINOD KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) This petition u/s. 482, Cr.P.C. seeks the recalling of the order dated 9-9-1997 whereby this Court, in exercise of its powers u/s. 482, Cr.P.C. quashed the investigation being made on the basis of FIR No. 365/ 96 u/ss. 420. 467, 471 IPC lodged by the applicant against Promaod Kumar with Police Station Kotwali, Dholpur.

(2.) Vinod Kumar applicant, who holds the office of an Additional District and Sessions Judge in the State's Higher Judicial Service, had filed a Civil Suit No. 7/91 in the Court of the District Judge, Dholpur against inter alia, his brother Promaod Kumar, who is non- applicant No. 2 in this petition. When the applicant examined himself as a witness in that suit a letter, alleged to have been written by the applicant to his father and throwing light upon the subject matter of the suit was put to him and he was asked to explain the statement made therein. The applicant stated that the said letter was not written by him and that the same was a false and forged document. The letter in question had already been produced in Court and formed part of the record of the suit. It was under such circumstances that the applicant lodged FIR No. 365/96 aforementioned, against his brother Promaod Kumar.

(3.) Promaod Kumar approached this court u/s. 482, Cr.P.C. with the prayer that since the document, in respect of which the applicant had lodged the FIR, had already been "produced" and "given in evidence" in the judicial proceedings of the civil suit being heard by the District Judge, Dholpur there was no sense in permitting the investigation to continue on the basis of the FIR lodged by the applicant as no Court would be competent to take cognizance of the offences u/ss. 467, 471 IPC against him in view of the specific bar created in that respect by Section. 195(1)(b)(ii), Cr.P.C. This Court accepted the contention of Promaod Kumar and by order dated 9-9-1997 quashed the FIR and the investigation being made on the basis thereof. The Court further ordered that the applicant be called upon to show cause as to why he should not be proceeded against for committing Contempt of the Court of District Judge. Dholpur. The applicant seeks the recalling of that order.