( 1 ) THIS appeal is against an order dated October 4, 1972 of a learned Single Judge of this Court. On an application submitted on behalf of the Municipal Corporation of Delhi, under section 476 of the Code of Criminal Procedure. V. D. Misra J. . held against Hanuman Prasad Ganeriwala that offences "under sections 182, 196, 199, 200, 209, and 471 of the Indian Penal Code, as REFERRED TO to in section 195, sub-section (1), clauses (b) and (c) of the Code of Criminal Procedure appear to have been committed in or in relation to the proceedings of this Court" and "that it is expedient in the interest of justice that enquiry should be made into these offences, and complaint be made to a Judicial Magistrate having jurisdiction in the matter".

( 2 ) FOR appreciating the contentions which have been raised in the appeal it is necessary to state certain facts. A property at No. 1 Raj Narain Road, Delhi, on an area of approximately 3,700 square yards, was purchased by the Mercantile Bank of India Limited from Harbans Bahadur, Raghubans Bahadun Pukh Raj Bahadur and Jamshed Bahadur, through a registered sale deed dated May 31, 1954. Shri Raghubans Bahadur had joined the other ve