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1997 Supreme(P&H) 423

M.L.SINGHAL
Mani Ram – Appellant
Versus
Bal Raj – Respondent


Judgment

M.L.Singhal, J.

1. This is a petition under Section 482 Cr.P.C. whereby the aforesaid petitioners have prayed for the quashing of application Annexure P.1 dated 27.7.1996 filed under Section 340 Cr.P.C. and the order Annexure P.2 passed thereon by Chief Judicial Magistrate, Hissar.

2. For appreciating this prayer, we have to advert to the facts leading upto the application under Section 340 Cr.P.C. filed by Balraj (respondent herein) against Mani Ram etc. (petitioners herein).

3. According to Balraj, Ami Lal and Shiv Raj sons of Rama son of Harsukh had obtained judgment and decree dated 23.8.1994 from the Court of Sub Judge 1st Class (Chief Judicial Magistrate, Hissar) in civil suit No. 1064 of 1994 titled Ami Lal etc. v. Mani Ram. It was a collusive judgment and decree. Mani Ram etc. played fraud with the Court inasmuch as he showed a false and fabricated pedigree in para No. 1 of the plaint. In the pedigree, Mani Ram was shown as Mani Ram s/o Surja s/o Hari Ram s/o Harsukh. In fact, Hari Rams fathers name was Sheo Dan and not Harsukh. Harsukh had only one son named Rama who was father of Ami Lal and Shiv Raj. Ami Lal and Shiv Raj sons of Rama s/o Harsukh were plaintiffs i




















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