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1987 Supreme(SC) 946

A.P.SEN, L.M.SHARMA
Sushil Kumar – Appellant
Versus
State Of Haryana – Respondent


Advocates:
A.K.GOHIL, B.P.SINGH, C.V.SUBBA RAO, PREM MALHOTRA, S.C.MOHANTY

Judgment

SHARMA, J. : - This appeal is directed against the judgment of the High Court of Punjab and Haryana reversing the order of the Judicial Magistrate, Hissar refusing to frame charges against the appellants under Ss. 471 and 474 of the Indian Penal Code. The dispute between the parties arose out of a difference between them in connection with a partnership business. The appellant Sushil Kumar filed a civil suit against Smt. Shakuntala Devi, wife of Inder Prakash, respondent No. 2. Relying upon a copy of a deed of partnership, he obtained a temporary injunction restraining her and her husband from interfering with the possession of a certain property. The respondent No. 2, thereupon, lodged a report with the police against the appellants alleging that the partnership deed was a forged one and that they being parties to the forgery had committed offences punishable under Ss. 465, 468, 471, 474, 120B and I.P.C. A challan was submitted and the learned Magistrate framed charges against the appellants under Ss. 465, 468, 120B and 420 I.P.C., but refrained from framing any charge under Ss. 471 and 474, I.P.C. holding that he could not take cognizance under these sections in the absen




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