Ashok Kumar Verma, J.

1. Heard both sides.

2. The petitioners have filed this petition u/s. 482 of the Code of Criminal Procedure for quashing the criminal proceeding of Case No. 489 of 1997, including the order dated 22-12-1997 passed by the Judicial Magistrate, Khagaria, whereby the learned Judicial Magistrate has found prima facie case under Secs. 466, 469 and 471 of the Indian Penal Code, 1860 against the accused persons.

3. It was argued by the learned lawyer of the petitioners that the private complainant has filed the complaint petition in respect of alleged forgery committed in the Court of Sub-Divisional Magistrate, Khagaria in a proceeding under sec. 107 of Cr. P.C. and it has been alleged that on the basis of the forged service report of notice the Sub-Divisional Magistrate had ordered to issue warrant against the complainant and his sons. It was also submitted by him that it has been alleged that the accused persons had got the service of the notice done by committing forgery and that forgery has been defined in Section 463 Indian Penal Code, 1860 and Secs. 466 and 469 Indian Penal Code, 1860 provide punishment for committing forgery. The learned lawyer for the petitioners submitted that according to Sec. 195 of the Cr. P.C., no Court shall take cognizance of any offence described in sec. 463 or punishable under Secs. 471, 475 and 476 of Indian Penal Code, 1860 , when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, except on the complaint in writing of that Court or of some other Court to which that Court is subordinate but in the present case the complaint petition has been filed by a private complainant and not by any Court. The learned lawyer appearing on behalf of opposite party No. 2 and the A.P.P appearing on behalf of the State (Opposite Party No. 1) do not dispute these facts.

4. Admittedly, the complainant has filed the complaint petition in respect of a proceeding u/s. 107 of Cr. P.C. pending in the Court of Sub-Divisional Magistrate, Khagaria, bearing Case No. 490 M of 1997 alleging therein that service of notice on him and his sons was done by committing forgery and it was filed in the Court. The complaint petition had been filed by Ramdeo Yadav and not by the Court concerned. According to sec. 195(1)(b)(ii) no Court shall take cognizance of any offence described in sec. 463, or punishable under Sec. 471, sec. 475 or sec. 476 of the Indian Penal Code, 1860 , when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court or of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in Sub-clause (i) or Sub-clause (ii), except on the complaint in writing or that Court, or of some other Court to which that Court is subordinate. According to sec. 463 Indian Penal Code, 1860 whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. According to sec. 466 Indian Penal Code, 1860 whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage, or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. According to sec. 469 Indian Penal Code, 1860 whoever commits forgery, intending that the document forged