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Cheragali Bepari and anr. Vs. Satish Chandra Ghose - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in87Ind.Cas.847
AppellantCheragali Bepari and anr.
RespondentSatish Chandra Ghose
Excerpt:
criminal procedure code (act v of 1898), section 403 - penal code (act xlv of 1860), sections 120-b, 193, 467, 471--trial for offence under section 193--acquittal--charge, under sections 467, 471 on identical facts, whether can be proceeded with. - .....do not constitute in law the offence of forgery within the meaning of that word as used in the indian penal code. but on a reference to the judgment of the learned deputy magistrate who dealt with the case against the accused that is referred to in the petition we find that the present proceedings should not have been allowed to be instituted. the learned magistrate went very carefully into the cases setup on behalf of the parties, dealt exhaustively with the evidence that was adduced in the case, considered the probabilities thereof, and came to the conclusion that the culpability of the accused had not been established beyond reasonable doubt. although the accused were tried in that case only on a charge under section 193, indian penal code, the facts upon which the complainant.....
Judgment:

1. As to the two grounds upon which this Rule was issued, we are of opinion that they are not well-founded. The grounds are to the effect that the present proceedings are barred by the provisions of Section 403, Cr. P.C., and that the facts alleged in the petition of complaint and examination of the complainant under Section 200, Cr. P.C., do not constitute in law the offence of forgery within the meaning of that word as used in the Indian Penal Code. But on a reference to the judgment of the learned Deputy Magistrate who dealt with the case against the accused that is referred to in the petition we find that the present proceedings should not have been allowed to be instituted. The learned Magistrate went very carefully into the cases setup on behalf of the parties, dealt exhaustively with the evidence that was adduced in the case, considered the probabilities thereof, and came to the conclusion that the culpability of the accused had not been established beyond reasonable doubt. Although the accused were tried in that case only on a charge under Section 193, Indian Penal Code, the facts upon which the complainant founded the present case with regard to offences under Sections 467, 471 read with Section 120-B, Indian Penal Code are wholly inseparable from the facts upon which the previous case was proceeded with. We, therefore, think that the petitioner was entitled to a Rule upon the third ground stated in his petition. We have asked the learned Vakil appearing on behalf of the opposite party to show cause with regard to that ground. Having heard both parties we have come to the conclusion that the present proceedings should be quashed on the said ground.

2. We accordingly quash the said proceedings and make the Rule absolute.


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