G.S.CHAHAL, J. - (1.) THIS judgment will dispose of two connected criminal Misc. Petition Nos. 14328 -M of 1990 and 8840 -M of 1991.
(2.) BY means of this petition, a prayer is made for quashing the FIR No. 520 registered at Police Station Fatehabad, District Hissar, on Nov. 16, 1990 under Sections 420, 467, 468, 471 and 120 -B IPC. The case against the petitioners has been registered on the basis of allegations made by Smt. Nirmala Kumari respondent -2. The brief facts may be enumerated.
(3.) SMT . Nirmala Kumari had become owner of land measuring 89 kanals 9 marlas situated at village Madh, Tehsil Ratia as described in Para -I of the application, forming the basis of the FIR on the basis of Civil Court decree dated February 18, 1986. Mutation No. 3979 was sanctioned on the basis of the decree. All the petitioners entered into a criminal conspiracy to deprive the complainant of her property and a suit was filed in the civil Court Fatehabad where in the power of attorney and the written statement were got signed by putting up some lady shown as Nirmala Kumari. That Ram Lal Kohli had been a counsel for her father and had known the entire family. By playing fraud, a decree dated January 20, 1990 was obtained. A statement of some other lady who impersonated as Nirmala Kumari was also recorded in Court. That in fact, the petitioner never signed any document. The learned counsel has urged that the bar of Section 195 Cr.P.C. is attracted and no prosecution could be launched on the basis of a complaint made by Nirmala Kumari. There is, however, no force in this contention of the learned counsel. The power of attorney and the written statement were allegedly forged before being put in Court. As such the moment these documents were forged, a complete offence had been committed. The user of the same, obviously will constitute different offences. For the forgeries committed outside the Court, Nirmala Kumari had the right to launch prosecution. However, whatever acts were committed during the course of the trial of the civil suit could be the subject of scrutiny by that Court and the bar created by Section 195 Cr.P.C. will be attracted only qua those offences.;