JHAGARU Vs. STATE OF U P
LAWS(ALL)-2007-9-114
HIGH COURT OF ALLAHABAD
Decided on September 26,2007

JHAGARU Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

VINOD PRASAD, J. - (1.) HEARD learned Counsel for the applicants and the learned A.G.A.
(2.) THE applicants are the charge sheeted accused of Crime No. C -13/06, under sections 416, 420, 465, 466, 468, 471 I.P.C., P.S. Colonelganj, district Allahabad. On the basis of the charge -sheet now case No. 1918 of 2007 has been registered before A.C.J.M., room No. 2 Allahabad against the applicants. Aggrieved by the -aforesaid criminal prosecution, the applicants, who are five in number have approached this Court invoking the inherent jurisdiction under section 482 Cr.P.C. with the prayer to quash the prosecution of the aforesaid case. Learned Counsel for the appli ­cants made following submissions. Firstly, he contended that there is a bar under sec ­tion 195 Cr.P.C. in respect of a document alleged to have been forged. He submitted that only the Court before whom the said document has been filed is competent to lodge a complaint and nobody else can under takes such an exercise, therefore, prose ­cution of the applicants is bad in law being unsanctified by section 195 Cr.P.C. He further contended that the competent civil Court before whom the forged document was tendered after an inquiry under sec ­tion 340 Cr.P.C. came to the conclusion that no document has been forged and there ­fore, the aggrieved person cannot filed an application under section 156(3) Cr.P.C. in respect of those documents alleging therein that those very documents are forged which were filed before the Court of law. Thirdly, learned Counsel for the applicants contended that the civil suit has been de ­cided as dismissed as withdrawn as plain ­tiff has stated that he never filed it and the suit plaint is forged, therefore, criminal prosecution is also malicious.
(3.) LEARNED A.G.A. contended that all the contentions of learned Counsel for the applicants are misconceived bereft of any sound reasoning and therefore, this application with the prayer of quashing the charge -sheet is merit less and be dismissed.;


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