(Passed on 08/10/2021)

This petition under Section 482 of the Code of Criminal

Procedure read with Section 340 of Cr.P.C. has been preferred by

the petitioner for conducting enquiry in respect to forged

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documents filed in M.Cr.C. No.28033/2021 (Keshav Singh

Chauhan Vs. State of M.P.) in connection with Crime

No.163/2020 registered at Police Station Hazira, District Gwalior,

which was withdrawn on 27/07/2021.

2.

It is undisputed fact that aforementioned M.Cr.C.

No.28033/2021 was dismissed as withdrawn on 27/07/2021.

3.

Petitioner has preferred this petition seeking invocation of

inquiry against respondents No.2 & 3, namely, Keshav Singh

Chauhan & Nitin Chauhan, under Section 340 r/w Section 195(1)

(b) of Cr.P.C., as they had committed the act of perjury by

intentionally disclosing false information and attaching forged

documents knowing that the same records are being submitted in

relation to Court proceedings before this Court. The act

tantamount to giving false information and committing an act of

forgery so as to hamper the course of public justice and therefore,

falls within the purview of offence mentioned under Section

195(1)(b) of Cr.P.C.

4.

The facts of this case in short are that the petitioner, who is

the complainant for the purpose of FIR bearing crime

No.163/2020 registered at police station Hazira, Distt. Gwalior,

has levied charges under Sections 420, 467, 468, 471, 120-B of

IPC and Section 6 of Chit Fund Act, against respondents No.2 –

Keshav Singh Chauhan and two others. Respondent No.2- Keshav

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Singh Chauhan after registration of FIR was taken into custody

and had applied for bail before the Court below which was

dismissed on 21/05/2021. Against that order, the bail application

bearing M.Cr.C. No.28033/2021 was preferred by respondent

No.2 before this Court on 07/06/2021. Subsequently, respondent

No.2 filed an application bearing I.A. No.18782/2021 in the

aforesaid M.Cr.C. for taking additional documents on record along

with affidavit of respondent No.3- Nitin Chauhan. Respondent

No.3 has annexed Annexure-N which states that as per the Shop

and Establishment Act, Umeed Co-operation Producer Company

Limited has been registered in the name of Devarshi Sharma S/o

Shri Pradeep Sharma, and description of same document has also

been provided by the respondents in internal paragraph-6 of page

No. 10 of Annexure-P/3 of this petition. Copy of Annexure-N is

annexed herewith this petition and marked as Annexure-P/4. It is

the contention of the petitioner that the respondents have produced

the forged documents, rather on the contrary Umeed Co-operation

Producer Company was registered in the name of Kiran Chauhan

W/o Keshav Singh Chauhan. The respondents had filed forged

documents before this Court which they knew was false with an

intention to deceive this Court. The sole intention of producing the

false information was to mislead and to deceive the Court

proceedings and to obtain a relief which the respondents otherwise

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would not have been entitled for.

5.

Devarshi Sharma, who is the son of present petitioner, had

received information through RTI that the said shop has been

registered in the name of Kiran Chauhan, who is the wife of

respondent No.2 and mother of respondent No.3. Copy of

information received through RTI is annexed as Annexure-P/5.

Therefore, the respondents have committed the offence under

Sections 193 & 196 of Indian Penal Code. Respondent No.2 –

Keshav Singh Chauhan, is a person having criminal antecedents,

therefore petitioner prayed to initiate enquiry against respondents

No.2 & 3, namely Keshav Singh Chauhan & Nitin Chauhan under

Secti