1. In this Misc. Petition it has been prayed that the order dated 12-6-86 passed by the learned Sessions Judge, Kota u/s 438, Cr. P. C. ordering the accused non- petitioners on pre-arrest bail may be quashed. The ground on which this application has been moved primarily is that the learned Sessions Judge while releasing the accused-non-petitioners on pre-arrest bail u/s 438, Cr. P. C. has made some observations in respect of the merits of the case, and as a result of those observations the police is going to submit an F. R. u/s 169, Cr. P.C.

2. The contention of the learned Advocate for the petitioner is that the accused persons are said to have added and thereby altered a copy of a Will, and it is not alleged that any alteration and addition was made in the original Will. He contends that in such cases the bar of Section , Cr. P C. is not attracted and the court can take cognizance even without a complaint by the court concerned. A reference by the learned counsel has been made to the case of Sammukhsingh and another V. The King (AIR 1950 P. C. 31) . In the aforesaid case, the Privy Council has held that Section (1) only refers to a document alleged to be forged and not a