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Rajasthan High Court · body

1982 DIGILAW 346 (RAJ)

Harbans Singh v. Surinder Singh

1982-08-30

K.S.SIDHU

body1982
JUDGMENT 1. - This is an application under Section 482 Cr. P.C. It has arisen in the following circumstances. 2. Surinder Singh a resident of Basai Darapur, filed a complaint against Harbans Singh, Pritam Singh, Gurucharanjit Singh, Bhagwati Prasad and Devi Prasad for proceedings being taken against therm by the learned Magistrate for commission of offences of cheating, forgery and conspiracy punishable under Sections 420, 468, 471 and 120B Indian Penal Code. The learned Magistrate who received is complaint recorded the statement of the complainant on June 27, 1980, the preliminary enquiry, the complainant produced one witness Jagdish Shabu, whose statement was also recorded on the even date. Relying on the allegations made in the complaint and the statements of the complainant and Jagdish Shabu, the learned Magistrate issued process against all the five accused summoning them to face proceedings under Sections 420, 468, 471 and 120-B I.P.C. 3. Aggrieved by the aforementioned order Harbans Singh, Pritam Singh and Gurucharan Singh, three of the accused persons made this application under Section 482 Cr.P.C for quashing the proceedings taken against them pursuant to the complaint of Surinder Singh mentioned above. 4. After going through the complaint and the evidence recorded by the learned Magistrate during the enquiry, I find that there is no allegation worth the name to warrant the issue of process against Harbans Singh, Pritam Singh and Gurucharanjit Singh. The allegations of cheating and forgery made in the complaint and in the evidence recorded by the learned Magistrate, if relied upon, will make out such an offence only against Bhagwati Prasad and Devi Prasad alone. Therefore, there is no reason to permit the prosecution against Harbans Singh, Pritam Singh and Gurucharanjit Singh. I would accordingly allow this application and quash the impugned order of' the learned Magistrate to the extent it relates to Harbans Singh, Pritam Singh and Gurucharanjit Singh. The record of the case be returned to the learned Magistrate for proceeding according to law against Bhagwati Prasad and Devi Prasad.Appeal allowed. *******