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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No.57102/2021

Kailash Vs. Arjun Singh and others

Gwalior, Dated:21/04/2022

Shri Rohit Bansal, Advocate for applicant.

Shri Gaurav Mishra, Advocate for respondents.

This application under Section 482 of Cr.P.C. has been filed

against the order dated 21/9/2021 passed by First Additional Sessions

Judge, Ashoknagar in Criminal Revision No.6/2019, thereby

affirming the order dated 9/4/2018 passed by JMFC, Ashoknagar in

an unregistered Complaint Case No....../2016, by which the criminal

complaint filed by the applicant for offence under Sections 193, 196,

465, 471 and 120-B of IPC has been dismissed under Section 203 of

Cr.P.C.

2.

The necessary facts for disposal of the present application in

short are that the applicant had filed a suit against respondents no.1

to 6 for declaration of title and permanent injunction in respect of

agricultural land bearing survey no.307 area 0.836 hectares and

survey no.308 area 0.251 hectares situated at village Garethi, Tahsil

Isagarh, District Ashoknagar. An affidavit of the applicant was filed

by the respondents in which it was mentioned that the sale deed,

which was executed by the father of the applicant in respect of the

land in dispute, was in fact a document by way of security of loan

and was not an out and out sale. The Trial Court decreed the suit and

declared that the applicant is the owner and title holder of the land in

dispute and the copy of the affidavit, which was filed by respondents

no.1 to 6, was disbelieved.

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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No.57102/2021

Kailash Vs. Arjun Singh and others

3.

Being aggrieved by the judgment and decree passed by the

Trial Court on 16/11/2015 in Civil Suit No.63-A/2015, the

respondents preferred a Civil Appeal, which was registered as Civil

Appeal No.82-A/2015, and the said Civil Appeal was dismissed by

the District Judge, Ashoknagar by judgment and decree dated

10/8/2016 and the copy of the affidavit, which was filed by the

respondents, was once again disbelieved.

4.

It is submitted that it is true that the Second Appeal is pending

against the judgment and decree passed by the District Judge,

Ashoknagar, but it has not been admitted so far.

5.

The applicant filed a complaint against respondents for offence

under Sections 193, 196, 465, 471 and 120-B of IPC on the ground

that in the Civil Suit the respondents no.1 to 6 had filed a forged copy

of an affidavit dated 18/6/2001 with a solitary intention to adversely

effect the title of the applicant. The Trial Magistrate by order dated

9/4/2018 passed in an unregistered Criminal Complaint No......../2016

dismissed the complaint on the following grounds:-

i.

The complaint was not filed by the Court.

ii. The applicant had filed the complaint only after the disposal of

the Civil Appeal No.82-A/2015 and not prior to that.

iii. The dispute is of civil in nature.

6.

Being aggrieved by the order dated 9/4/2018 passed by JMFC,

Ashoknagar, the applicant preferred Criminal Revision No.6/2019,

which was dismissed by First Additional Sessions Judge, Ashoknagar

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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No.57102/2021

Kailash Vs. Arjun Singh and others

by order dated 21/9/2021 on the ground that the Court below had

disbelieved the affidavit on the ground that the said affidavit was not

a registered document, whereas the applicant had filed the suit on the

basis of a registered sale deed. Even in the Civil Appeal, the

Appellate Court has not given a finding that the document is a forged

document, although it has found that the document is of suspicious in

nature. Thus, it was held that since the complainant has not filed any

document to show that the so called affidavit, which was filed by the

respondents no.1 to 6 in the Civil Suit was a forged document,

therefore, the Trial Court rightly did not take cognizance of the same.

Further, it was also held that since the Trial Court as well as the Civil

Appell