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2013 DIGILAW 2559 (BOM)

Pushpa w/o. Mahadeo Aute v. State of Maharashtra

2013-12-11

M.T.JOSHI, NARESH H.PATIL

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JUDGMENT NARESH H. PATIL, J. Rule. Rule made returnable forthwith and heard finally by consent. 2. Perused the police papers, which contain original copy of complaint lodged by Respondent No.2/complainant in the Court of Judicial Magistrate, First Class, Ashti, Dist-Beed, bearing Criminal Case No.353 of 2012. The complainant alleged that in her absence the accused impersonated her and forged document, which was produced in the proceedings of Regular Civil Suit No.196 of 2007, which was pending before the Ashti Court. The said document was a compromise deed. The counsel submits that, Court at Ashti passed decree based on the said compromise deed. 3. We have perused, in the police record, an order passed by the Judicial Magistrate, First Class, Ashti, under Section 156 (3) of the Code of Criminal Procedure, dated 1st December, 2012. 4. The Applicant's grievance is that the proceedings initiated by the learned Judicial Magistrate, First Class, Ashti, Dist-Beed under Section 156(3) of the Code of Criminal Procedure and consequent registration of the first information report is contrary to the provisions of Sections 340 and 195 of the Code of Criminal Procedure. The learned counsel submits that the procedure adopted by the prosecuting agency is contrary to the provisions of law. The counsel submits that as the questioned document was produced during the proceedings of Civil Suit before the Court, the police are not entitled to investigate the offence unless procedure prescribed under Sections 340 and 195 of the Code of Criminal Procedure is followed by the concerned Court. 5. Learned A.P.P. appearing for the State submits that consequent to the order passed under Section 156(3) of the Code of Criminal Procedure, police were bound to register the offence and investigate the same. Accordingly police registered offence and started investigation. The learned A.P.P. has placed on record Photostat copy of the complaint along with the order passed by the Judicial Magistrate, First Class, Ashti, Dist Beed. 6. The learned counsel appearing for Respondent No.2/complainant submits that appropriate orders are required to be passed so that the competent Court would deal with the matter based on the complaint filed by the complainant, in accordance with the provisions of Sections 340 and 195 of the Code of Criminal Procedure, as the questioned document was produced during the course of hearing of Regular Civil Suit No.196 of 2007. The learned counsel submits that in the facts of the case, the trial Court ought to have dealt with the provisions of Sections 340 and 195 of the Code of Criminal Procedure. The counsel further submits that this Court may pass appropriate orders in the light of the provisions of law, as prima facie, it revealed that the compromise deed was forged and presented before the Court. 7. After considering the submissions advanced on behalf of the parties and after going through the documents on record, we are convinced that learned Magistrate committed error in passing order under Section 156(3) of the Code of Criminal Procedure. The said order is required to be quashed and set aside. We are also convinced that further registration of the First Information Report and consequent investigation is also required to be quashed and set aside. The learned Civil Judge, Junior Division, Ashti, Dist-Beed would take up the complaint filed by the Respondent No.2/complainant and deal with the same in accordance with the provisions of Sections 340 and 195 of the Code of Criminal Procedure. ORDER (A) We direct that the order passed by the learned Judicial Magistrate, First Class, Ashti, Dist-Beed on Ist December 2012, under Section 156(3) of Code of Criminal Procedure is quashed and set aside. (B) We direct that further proceedings initiated by police, Ashti Police Station. Dist-Beed consequent to registration of crime at Crime No.144 of 2012 are quashed and set aside. (C) The learned Civil Judge, Junior Division, Ashti, Dist-Beed would take up the complaint filed by the Respondent No.2/complainant and deal with the same in accordance with the provisions of Sections 340 and 195 of the Code of Criminal Procedure and the facts of the matter. We expect the learned Civil Judge, Junior Division, Ashti to pass appropriate orders, as expeditiously as possible. (D) We do not express any opinion on the merits of the claims of either of the parties. (E) We direct the police to submit original copy of complaint along with the order of the Judicial Magistrate First Class, Ashti, in the Civil Court, Ashti, Dist-Beed. (F) The Applicant and the complainant to appear before the Civil Court, Ashti on 7th January, 2014. (G) Rule is made absolute on the above terms. Ordered accordingly.