Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 195 Order of cognizance 200 CrPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - ss.195(1)(b)(ii) and 482 - Prohibition in s. 195(1)(b)(ii) - Applicability of - Appellant filed complaint u/s.200 CrPC against respondents alleging commission of offences u/ss. 425, 468 and 471 /PC - Magistrate took cognizance - Order of cognizance challenged on ground that the alleged forged document was produced in a suit brought by the respondents, therefore, prohibition contained in s. 195(1)(b)(ii) was attracted - High Court quashed order of cognizance passed by the Magistrate - Propriety - Held: High Court did not advert to any aspect pertaining to allegations in the complaint or the material brought on record to arrive at a conclusion whether a prima facie case was made out or not - It singularly addressed the controversy on the legal backdrop that when a document is produced in a civil proceeding, it attracts the bar u/s.195(1)(b)(ii) CrPC and, therefore, the complaint is not tenable in law - On facts, there was no allegation that the document was forged when the matter was subjudice before the Civil Court - High Court erred in relying on the principle stated in Gopalakrishna Menon case - Dicta of the Constitution Bench in Iqbal Singh Marwah case squarely applicable - Order passed by the High Court accordingly set aside - Matter remanded to High Court for fresh consideration. |
Judge | Honble Mr. Justice Dipak Misra Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2014 INSC 675 |
Petitioner | George Bhaktan |
Respondent | Rabindra Lele & Ors. |
SCR | [2014] 11 S.C.R. 520 |
Judgement Date | 2014-09-24 |
Case Number | 2165 |
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