Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.195(1)(b) sign not disputed forged sign in vakalatnama anticipatory bail no mens rea IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Protection of Children from Sexual Offences Act, 2012 (32 of 2012) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.340 – In a sexual harassment case against the appellants, the appellants filed anticipatory bail applications along with Vakalatnama before the Madurai High Court – While filing the Vakalatnama, it was stated therein that it was signed by appellants before their counsel on 17.08.2016 at Madurai – Challenging the maintainability of bail petition and Vakalatnama, the respondent-State filed preliminary objection and submitted that the Vakalatnama bore signature dated 18.08.2016, however, the first appellant had left for Singapore from New Delhi on 17.08.2016 at 23.15 hours and third appellant had left for Singapore from Bengaluru on 18.08.2016 at 9.30 AM – High Court directed the appellants to appear before the Court on 29.08.2016 and to give their explanation with regard to said preliminary objection – Accordingly appellants appeared and stated that the date mentioned in the Vakalatnama was an inadvertent mistake – High Court found the explanation unsatisfactory and held that the document appeared to be forged and was signed and executed outside Madurai and directed the Registrar (Judicial) to lodge the complaint against the appellants – Accordingly, complaint was lodged against the appellants under ss.193, 466, 468 and 471 IPC – Aggrieved appellants filed instant appeals – Held: There could be no two views about the proposition that even if forgery was committed outside the precincts of the court and long before its production in the court, it would also be treated as one affecting the administration of justice – But in the instant case, the Vakalatnama filed by the appellants seeking anticipatory bail could not be said to be a forged document – Appellants had admitted their signatures in the Vakalatnama and had taken plea that it was mistakenly recorded that it was signed on 18.08.2016 at Madurai – Explanation tendered by the appellants appeared plausible – Fraud implies intentional deception aimed of achieving some wrongful gain or causing wrongful loss or injury to another – Intention being the mens rea is the essential ingredient to hold that a fraud has been played upon the court – High Court was not justified in terming the said mistake or error as fraud – The direction to lodge criminal complaint against the appellants is set aside – Penal Code, 1860 – s.195(1)(b). Penal Code, 1860: s.195(1)(b) – Prosecution under – Held: Under s.340, the prosecution is to be launched only if it is expedient in the interest of justice and not in every case – Before proceeding to make a complaint regarding commission of an offence referred to in s.195(1)(b), the court must satisfy itself that “it is expedient in the interest of justice” – The language in s.340 Cr.P.C. shows that such a course will be adopted only if the interest of justice requires and not in every case – Code of Criminal Procedure, 1973 – s.340. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 636 |
Petitioner | Sasikala Pushpa And Others |
Respondent | State Of Tamil Nadu |
SCR | [2019] 7 S.C.R. 319 |
Judgement Date | 2019-05-07 |
Case Number | 855 |
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