MOHAN LAL Vs. EMPEROR

JUDGEMENT

(1.) This is an application directed against an order by which the applicant Mohan Lal has been ordered to be tried for an offence committed Under Section 82 of the Registration Act.

(2.) The order has been attacked on two grounds. In the first place, it has been said that a previous order of acquittal passed by the learned Sessions Judge of Farrukhabad sitting in appeal is a bar to the prosecution of the offence with which the applicant is now charged. It seems that Mohan Lal appeared at a registration office and presented a deed purporting to be executed by himself and Makhan Lal, With Mohan Lal at the time was a person who gave himself out to be Makhan Lal but who has been found to be another person named Nand Ram, Certain witnesses too were present at these proceedings, who identified this person Nand Ram as being Makhan Lal.

(3.) When these facts same to light, a case was instituted against Mohan Lal and these other persons and they were convicted by a Magistrate Under Section 419 of the Indian Penal Code. Mr. Forbes, Sessions Judge, reverted the order of the Magistrate on appeal and acquitted the accused, including Mohan Lal. He has now, however, by what purports to be an order Under Section 83 of the Registration Act, directed prosecution of Mohan Lal for the offence of personation described in Section 82 of the Registration Act.