M/S B D Sharma vs Western Coalfields Ltd

This application under Section 482 Cr.P.C. is directed against st the order passed by learned Judicial Magistrate 1 Class Mandsaur, in Private Criminal Complaint No.893/2012, whereby the learned Magistrate took cognizance against the present applicants under sections 465, 468 and 471 of IPC.

The brief facts relevant for disposal of this application are that complainant Babulal, who was respondent No.2 -before this Court filed a criminal complaint before the Court of Judicial Magistrate st 1 Class alleging that the civil suit was pending between the complainant and Gram Panchayat-Raiwas Dewara, district- Mandsaur, of which the applicant No.1 was the Sarpanch and applicant No.2 was the Secretary. It was alleged in the complaint that in the civil suit, temporary injunction was granted in favour of the complainant espondent No.2. It is further alleged that they forged the document "Bhawan Anugya Patra" on 05.03.2011, which was signed by the applicant No.1 Sarpanch of Gram Panchayat and applicant no.2 being Secretary of the Panchayat. It was mentioned in the document that the document was issued on the basis of judgment passed by the Court. According to the complainant, there was no judgment of any Court directing the applicants to issue such document. The existence of the document came in knowledge of the complainant, when it was filed in the civil suit, and thereafter, he filed an application under the provisions of Right to Information Act, for obtaining copies of all the relevant record relating to issuance of such document. However, no such record was found in the office of the Gram Panchayat and it was informed to the complainant that no such record exist and on this basis, it was alleged that the document was forged by the applicants, the criminal complaint was filed.

When the complaint was filed before the concerning Magistrate, the learned Magistrate on the basis of statements recorded under Section 200 and 205 Cr.P.C. and also on an inquiry report received from Police Station-Y.D. Nagar, Mandsaur, registered a crime against present applicants under Section 420 Cr.P.C.

Both the complainant/respondent No.2 and the present applicants went in revision against the order passed The revisions filed by them were disposed of by common order dated 07.08.2012 th by the learned 5 Additional Sessions Judge Mandsaur, in Criminal Revision Nos.98/2012 dated 07.08.2012. Learned Revisional Court found that no offences under Section 420 was made out, however, offences under sections 465, 468 and 471 IPC were made out, and therefore, directed the Magistrate to rehear the case afresh and pass a fresh order. On this, the impugned order was passed by which the cognizance was taken against the present applicants, however, as according to the learned Magistrate, the respondent No.2 was public servant, and thus it was directed by the Magistrate that the complainant should obtain necessary sanction from the State Government under Section 197 Cr.P.C.

Aggrieved by this order, present application is filed on the following ground:-

(i) that the order passed by the Panchayat as "Bhawan Anugya Patra" is an appealable and lies before the Revenue Officer. No appeal was filed by the present applicants.

(ii) no offence is made out under those sections of IPC. The nature of the dispute is purely civil and unnecessarily it is being converted into criminal case.

(iii) according to applicants, it was mentioned on the document that the document was issued in accordance with the judgment of the Court by this they meant that the order passed in favour of Kanwarlal S/o Mohanlal in civil suit No.298/2010 by which temporary injunction was granted in favour of the real owner Kanwarlal S/o Mohanlal treating this as judgment of the Court, the document was issued.

(iv) on the same day two separate orders were passed by the Court in civil suit Nos.278/2010 and 298/2010, and therefore, there was no intentions of the applicants to cause any unlawful gain to anybody.

Basis for taking cognizance against the present applicant was that it was informed to the complainant that no record was found in the Gram Panchayat in respect of ''Bhawan Anugya Patra'' issued by the petitioners. Subsequently, one document was produced before the Court, and therefore, it was presumed that the document was filed by the present applicant.

The defense of the present applicants was that the intention order passed in favour of owner of the disputed plot, and therefore, it was presumed by them that he was the real owner and entered to receive the permission, and therefore, the document was issued.

After going through the material available on record and rival contentions of the counsel, I find that the Magistrate committed no error in registering the offence under Sections 465, 468 and 471 of IPC. The civil suit was not finally disposed of and ownership over the plot was still under dispute and under this situation, there was no occasion for the applicants to issue the document unless ownership of Kanwarlal was establised in the civil suit and in this view of the matter, the application under Section 482 Cr.P.C. is devoid of merit and liable to dismissed and dismissed accordingly.