Veni Ram & Ors. vs. State of Rajasthan (S.B.Criminal Revision No.496/05) Dated:- 22nd January, 2007. HON'BLE MR.JUSTICE G.S.SARRAF Mr.Sandeep Mehta, for the petitioners. Mr.S.N.Tiwari, Public Prosecutor. This revision petition is directed against the order dated 21.3.2005 passed by Additional Chief Judicial Magistrate, Vallabhnagar whereby he has taken cognizance against the petitioners for offences u/ss. 467, 468, 471,420 and 120-B IPC. Briefly stated the facts of the case are that the respondent no. 2 Mangilal filed a complaint on 14.12.2001 in the Court of Additional Chief Judicial Magistrate, Vallabhnagar against the petitioners and one Bhagwan Lal that a piece of land no.4854 measuring 1 bigha and 3 biswa at Menar is in the name of himself and his mother Gopibai. The accused persons forged an exchange deed in respect of the aforementioned land allegedly written on 19.12.1988 on a stamp paper of Rs.5/- and with a view to use it as genuine it was presented by the petitioner Veniram at the Police Station, Kheroda and the Kheroda Police Station filed it with a charge-sheet and only thereafter the respondent no. 2 came to know of the said document. The complaint was forwarded u/s. 156(3) Cr.P.C. at the Kheroda Police Station where a case was registered u/ss. 467, 468, 471,420 and 120-B IPC and after investigation a final report was submitted. The respondent no. 2 then filed a protest petition and examined four witnesses in support of it. Learned Additional Chief Judicial Magistrate by impugned order dated 21.3.2005 proceeded to take cognizance against the petitioners for the offences u/s 467, 468, 471,420 and 120-B IPC. Aggrieved by this, the petitioners have preferred this revision petition. Heard learned counsel for the petitioners and the learned Public Prosecutor. Learned Additional Chief Judicial Magistrate, Vallabhnagar has based its order on mere possibility. There is no evidence on record to show that the document Ex.P/5 is a forged document. Moreover, it appears that the document Ex.P/5 has been produced in another case and no finding about its veracity has been given so far by that court. After examining the evidence available on record I have come to the conclusion that no prima facie case is made out against the petitioners for the purpose of taking cognizance u/ss.467, 468, 471,420 and 120-B IPC. Consequently, the revision petition is allowed and the order of Additional Chief Judicial Magistrate, Vallabhnagar dated 21.3.2005 is quashed. (G.S.SARRAF),J.