- (1.)This appeal is directed under Section 341 of Cr.P.C. challenging the order dated 09.12.2019 passed by IX Additional Sessions Judge, Indore in ST No. 580/2019 whereby the Court has dismissed the application of the appellant filed under Section 340 red with Section 195 of IPS for taking action against respondent No.2 & 3 for forging several documents and using them for furnishing bail.
(2.)The sum and substance of the application preferred by the appellant before the trial Court is that the appellant had filed a complaint against Respondent No. 2 & 3 as well as other persons involve in the matter for commission of offence of fraud/forgery and criminal conspiracy for fraudulently making/using false and fabricated documents as well the offence of forgery of public documents and bank accounts. The complaint has been registered as crime No. 158/17 u/s 420,465,467,468,471 & 120B of IPC against Respondent No. 2 and charge-sheet has been filed, which is pending as ST No. 580/2019.
(3.)Respondent No. 2 filed an application under Section 439 of the Cr.P.C. accompanied with affidavit of his wife Respondent No. 3 to obtain bail in the aforesaid matter, but several misleading, false and contradictory with the earlier admitted facts were mentioned and material facts were concealed deliberately in this application. In affidavit dated 22.10.2013 filed before the Municipal Corporation for correction of name of father of Subhash Holkar, Respondent No.2 had categorically stated that correct name of father of his maternal uncle Subhash was Govindrao Holkar and not Dattatray Holkar. In spite of this admission, in the bail application, he mentioned that ... VARNACULAR TEXT OMITTED...