- (1.) This Criminal revision application is directed against the order passed by learned Chief Judicial Magistrate. First Class, Bhavnagar on 13-11-1978 dismissing the application, ex. 11 of the petitioner (Original, accused) in criminal case No. 338 of 1978 before the said out.
(2.) A few facts leading to the passing of the said order may be briefly stated. The accused was the defendant in regular civil suit No. 82 of 19/4 in the court of the Joint Civil Judge (Junior Division) Bhavnagar which was filed for evict on and arrears of rent. In the said suit, it was his defence that he was entitled to retain possession by virtue of his title to the property. He had produced zerographic copies of three documents on which he wanted to rely in the said suit, viz. (1) compensation payment (certificate) dated June 17, 1959; (2) certificate of transfer of provisional possession dated October 17. 1959, issued by the Assistant Settlement Commissioner, Rajkot and (3) certificate dated October 31, 1960 given by the Managing officer, Rajkot. While the said suit was pending, the accused himself filed a suit, being special civil suit No. 181 of 1977 agsinst the plaintiffs of the former suit for a declaration of his title in respect of the property in dispute being evacuee property No. 238. In that suit also he had produced zerographic copies of the said three documents.
(3.) On 5-12-1977 when the said two suits were pending, the complainant that is Jamnadas C Mehta, one of the parties, in both the suits lodged a first information report before the police alleging that the said three documents which were in possession of the accused and zerographic copies of which documents had already been produced by the accused in the said two suits were forged one and the accused had intention to fraudulently or dishonestly use the same as genuine in court proceedings knowing full well that the said documents were forged. On the very next day that is on 6-12-1977, the accused produced the said original documents in special civil suit No. 181 of 1977 and there is no dispute that the original documents were producec for the first time by the accused on that day. that is on 6-12-1977 in the said special civil suit. These documents were kept in the custody of tne Nazir of the court, in the meanwhile, the police started investigation on the basis of the first information report lodged by the complainant on 5 12-1977 as aforesaid, and on 19-12-77, the said three documents were seized from the custody of the Nazir under a panchnama and thereafter the police submitted a charge sheet in tne court or the learned Magistrate against the accused on 2-2-1978, and on the basis of the said charge sheet, the learned Magistrate took cognizance of the offences mentioned in the first information report, viz. offences punishable under Sections 466 and 474 of the Indian Penal Code ('IPC'). The said case was thereafter numbered as criminal case No. 338 of 1978.;