EMPEROR Vs. RAJA KUSHAL PAL SINGH

JUDGEMENT

(1.) A point of law mixed with facts has been referred to a Bench of three Judges owing to a difference of opinion occurring between two learned Judges who heard the First Appeals Nos. 349 and 449 of 1925. The point that has been referred to us for decision is worded as follows: Whether Section 195 (1) (c) is applicable so as to render a complaint of a Court necessary before a prosecution for abetment of forgery can be lodged in respect of High Court Exs. 4 to 7 or any of them.

(2.) As it would be necessary to know the nature of the exhibits in order to answer the question I will, very briefly, give a description and history of these exhibits.

(3.) In these provinces there is a large landed property known as the Kotla Estate. It was owned by one Thakur Chaturbhuj Singh who died on 4 November 1844. He was succeeded by his widow Mt. Mahtab Kuer who died in 1889, When Thakur Chaturbhuj Singh died, a young man "Dmrao Singh, who was probably one of his collaterals, was a minor. Umrao Singh, having attained majority in 1866, brought a suit against Mahtab Kuer for recovery of the estate on the allegation that he, Umrao Singh, had been adopted by Mahtab Kuer. The case was fought up to appeal in the High Court and was ultimately dismissed. The principal parties to the litigation out of which the present proceedings have arisen, are sons of Umrao Singh. The opposite party in these proceedings Raja Kushal Pal Singh, is a step- brother to four persons, Jogendra Pal Singh, Mahendra Pal Singh, Bhawan Pal Singh and Lakshman Pal Singh.