- (1.) Kamla Prasad Singh the appellant had filed three complaints in the Court of the Additional District Magistrate, (Judicial) Varanasi for the prosecution of Hari Nath Singh (respondent No. l) under Sec. 218 Indian Penal Code. In each of these complaints Harinath was a co-accused with another. In one, it was Mangla Prasad Pandey, Ahlmad, Court of Tahsildar, Sadar Varanasi, in another it was Ramchander Lekhpal of Village Balua and in the third it was Ram Samraylal Lekhpal of Village Cholapore. In each case Hari Nath Singh was said to have abetted the offence committed by his co-accused. The circumstances in which the complaints were lodged were common and may now be briefly stated.
(2.) Certain Bhumidari lands in these villages were the property of Nankoo S/o Meher Singh and Sumitra widow of one Ajudhia Singh. On December 4, 1962,Nankoo sold his half share to Kamla Prasad Singh and some others. Kamla Prasad's complaint is that Hari Nath Singh in conspiracy with the two Lekhpals got certain forged entries to be made in the Khasra after the sale in favour of Kamla Prasad, and applied for the correction of the Jamabandi. The Ahlmad in conspiracy with Hari Nath Singh ante-dated the said application to November 9. 1962, to make it appear that it was made prior to the sale-deed and to shield the Lekhpals. The application was entered in the register of Jamabandis as Case No. 116 dated November 9, 1962 although the case bearing that number was one between Bhagwati Singh and Bhagwati of Birbalpura Kaswal Raja.
(3.) After the complaints were in Court, Hari Nath Singh filed an application under Section 561-A of the Code of Criminal Procedure stating that the offence, if any, was one under Section 193 of the Indian Penal Code and the provisions of Section 195 of the Code of Criminal Procedure barred the private complaints. The High Court accepted the application for the above reason and quashing the proceedings against Hari Nath Singh ordered his discharge. In these appeals by certificate the order of the High Court is questioned.;