( 1 ) ON 2-1-1978 applicant Ram Pal filed a complaint before the Judicial Magistrate, Saidpur, against Hira Lai Ram Surat Chameli and Mita alleging that in a mutation case initiated by his wife Smt. Fadhika Devi, in the Court of Tahsildar, Saidpur, Hira Lai filed a forged document purporting to be deed of. agreement dated 18-12-1973 executed by one Smt, Purnamasi Devi, and prayed that Hira Lai who had filed the document as well as Ram Surat the scribe thereof and chameli and Mita who had set themselves up as attesting witnesses be prosecuted for committing offences Under Sections 465, 467, 468, 419 and 420 I. P. C. The Judicial Magistrate after recording the statements of the complainant and his witnesses, took cognizence of an offence Under Section 468 IPC and summoned the accused named in the complaint.

( 2 ) THE accused appeared before the Court and raised a preliminary objection to the effect that cognizance of the offence, on the basis of the complaint filed by Ram Pal Singh, was barred under the provisions of Section 195 Criminal P. C. Learned Magistrate while overruling the objection observed that in the first place the provisions of Section 195 of the Crimina