ASHOK BHUSHAN J. - (1.) This appeal has been filed against judgment dated 07.02.2017 of Rajasthan High Court dismissing Single Bench Criminal Miscellaneous Petition which was filed by the appellant questioning the judgment dated 22.07.2011 of Additional Sessions Judge dismissing the Criminal Revision Petition preferred by the appellant.
(2.) The facts giving rise to this appeal disclose several stages of litigation arising out of First Information Report lodged by appellant dated 29.04.1992 under Section 420 IPC.
(3.) The brief facts of the case necessary to be noted for deciding this appeal are: 3.1. A letter dated 10.04.1992 was purported to be issued by Regional Manager, RIICO, Sriganganagar to the Respondent No. 2 M/s. Kanha Refined Oil and Vanaspati Pvt. Ltd. through Ravi Setia (Partner). The appellant who was working as Regional Manager and had allegedly signed the above letter when came to know about the letter dated 10.04.1992, he asked Respondent No. 2 on 23.04.1992 to produce the original copy of the letter within 24 hours. The letter was not produced before the office of Respondent No. 2 rather on 27.04.1992 the letter was produced by his counsel in Suit Case No. 2/84 titled M/s. Kanha Refined Oil and Vanaspati Pvt. Ltd. Vs. RIICO Limited. On 29.04.1992 the appellant filed a First Information Report No. 184 under Section 420 IPC alleging that on 10.04.1992 a letter has been forged by Respondent No. 2 and got it dispatched from the office by a Class IV employee, Raghuvir Singh on 10.04.1992. It is alleged that by playing fraud, forged and bogus document has been prepared by Respondent No. 2 hence, offence under Sections 467, 468 and 471 IPC are made out. FIR was registered under Section 420. A Final Report was submitted by the Inspector, Police Station Kotwali. In the Final Report, it was mentioned that since the letter dated 10.04.1992 has been filed in Case No. 2/84, in view of provisions of Section 195(1)(b)(ii) Cr.P.C. the police cannot investigate the matter. The Final Report was accepted by the Chief Judicial Magistrate by order dated 22.05.1998, relying on Section 195(1)(b)(ii) Cr.P.C. The appellant filed a Criminal Revision before the Additional Sessions Judge who vide his order dated 01.05.2000 set aside the order of Chief Judicial Magistrate and remanded the matter. The Trial Court passed a fresh order granting opportunity of hearing to the complainant. The Chief Judicial Magistrate after the remand again relying on Section 195(1)(b)(ii) Cr.P.C. held that letter having been filed in civil suit, cognizance cannot be taken. The Protest Petition was dismissed and Final Report was accepted. The Criminal Revision was filed by the appellant challenging the order dated 12.03.2003. The Revisional Court held that the provision of Section 195(1)(b)(ii) Cr.P.C. is not applicable to the facts of the present case. The Revisional Court has placed reliance on the judgment of this court in Sachida Nand Singh and Anr. v. State of Bihar and Anr. [JT 1998 (1) SC 370], where it was held that when the document before producing in the Court has been prepared in a forged manner, provision of Section 195(1)(b)(ii) Cr.P.C. cannot be made applicable. The Revisional Court set aside the order of subordinate court and directed the court below to pass an order in accordance with law, on the basis of evidence available on file. ;