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1996 Supreme(SC) 506

G.B.PATTANAIK, S.SAGHIR AHMAD, K.RAMASWAMY
Surjit Singh – Appellant
Versus
Balbir Singh – Respondent


ORDER

Question of law referred to this Bench is : whether the criminal Court is debarred from proceeding with the private complaint laid against the appellants on June 13, 1983 for offences punishable under Sections 468 and 471 of Indian Penal Code (for short, the IPC )? The respondent had laid the complaint for offences punishable under Sections 420, 467, 468, 471 read with Section 120-B, IPC with the allegations that the appellants had conspired and fabricated an agreement dated July 26, 1978 and forged the signature of Smt. Dalip Kaur and on the basis thereof they attempted to claim retention of the possession of the remaining part of the house. The Magistrate, Amritsar had examined witnesses under Section 202 of the Code of Criminal Procedure, 1973 (for short, the Code ) and ordered issue of process summoning the appellants to appear on September 27, 1983. It would appear that the appellants filed civil suit for an injunction to restrain Dalip Kaur from interfering with the possession of appellants 1 to 3 and he produced the agreement dated 21-2-1984 which was said to have been executed and signed by Dalip Kaur. Thereafter, the appellants filed an application to quash the comp





















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