HARINATH SINGH Vs. STATE

JUDGEMENT

(1.) These three connected miscellaneous applications have been filed by Harnath Singh (hereinafter referred to as the applicant) under Sec. 561-A of the Code of Criminal Procedure, and the prayer in each is that the criminal proceedings against the applicant, pending in the court of Additional District Magistrate (Judicial), Varanasi, under Sec. 218 read with Sec, 109, I.P.C. be quashed.

(2.) These three applications first came up for consideration before Verma, J. He noticed that there was difference of opinion between single Judge decisions of this Court. He, therefore, directed that the papers of these applications be laid before the Honourable the Chief Justice for constituting a Division Bench. The facts leading to these miscellaneous applications might be briefly stated as follows. There were certain bhumidhari plots in village Belwa, within police circle Baragaon, district Varanasi, belonging to one Nanku Singh and Sm. Sumitra. Nanku Singh executed a sale deed in respect of his half share in the property in favour of Kamla Prasad Singh (hereinafter referred to as the complaint) on 4th Dec., 1962. That infuriated the applicant who happened to be an influential person, and wanted to purchase the land for himself. In order to defeat the claim of the complainant to the land in suit under the aforesaid sale deed the applicant, in collusion with the two lekhpals, got fictitious entries made in the Khasras for the years 1353F. to 1370F and filed an application for correction of papers in the court of the Tahsildar, sometime after 4th Dec., 1962 but in collusion with the reader of the court of the Tahsildar he got his application entered in the register of the court as one filed on 9th Nov. 1962, and bearing serial No. 116. It is on the basis of these facts that three separate complaints were filed under Sec. 218, I.P.C. against the two lekhpals and the reader of the court of the Tahsildar, and in each of those cases the applicant was made a co-accused for having abetted the offence punishable under Sec. 218, I.P.C.

(3.) It is contended by the learned counsel for the applicant that the substance of the allegations against the applicant in all these cases was that he had committed an offence of fabricating false evidence punishable under Sec. 193, I.P.C. and, therefore, in view of the bar created by Sec. 195, Crimial P.C. that no court shall take cognizance of any offence punishable under Sec. 193, I.P.C. when such offence is alleged to have been committed in or in relation to any proceeding in any court except on the complaint in writing of such report or of some other court to which such court is subordinate, the alleged offence committed by the applicant has been given the garb of three separate offences punishable under Sec. 218/109, I.P.C.