Banta Singh and ors vs Bhana

K.P.S. Sandhu, J.—This is a petition under section 482 Cr.P.C. filed by Banta Singh. Prema and Mukhtiar Singh praying therein that complaint Annexure P.1 and summoning order Annexure P2 be quashed. Notice was issued to the respondent but it is reported that he refused to accept service.

The facts which gave rise to this petition are that Bhana respondent filed civil suit, along with eight others for partition of some joint property. Prema petitioner and Chanan Singh are alleged to have produced a report Exhibit D1 dated 8.3.1974 executed by Banta Singh petitioner showing some improvement made by him on the land. That receipt has been attested by Mukhtiar Singh petitioner. Prema was also defendant in that suit. The suit of Bhana respondent was decreed. Against the same appeal has been filed by the petitioners which is still pending. The trial SubJudge came to a finding that no improvement has been made by Prema petitioner and Chanan Singh on the land in question.

The short ground on which the quashment is sought is that in view of the provisions of section 195 Cr.P.C. no private complaint was competent under sactions 193/196 IPC. I agree with the learned counsel for the petitioner that this petition has to be allowed. Consequently I allow this petition and quash the complaint Annexure P1 and summoning order Annexure P2