Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Embargo |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: ss.195(1)(b)(ii), 340 - Embargo contained in s.195 (1)(b)(ii) - Applicability and scope of - Held: s. 195(1)(b)(ii) applicable only when offences enumerated therein had been committed with respect to document after it has been produced or given in evidence in proceeding in any Court i.e. during the time when the document was in custodia legis - Offence committed should be of such type which directly affects the administration of justice - However, Court is not bound to make a complaint in this regard - Such a course will be adopted only if the interest of justice requires and not in every case.The claim of respondent No.1 was that he was granted tenancy by one 'D' by executing lease agreement Ext.R-4(a). The appellant filed writ petition challenging the validity of the said lease agreement. Respondent No.1 filed a counter affidavit alongwith photocopy of lease agreement. Thereafter the appellant filed CMP contending that the purported lease agreement was a forged document and in support submitted the report of handwriting expert. The Single Judge of High Court relied on the opinion given by handwriting expert and held that Ext.R-4(a) was fabricated and hence there was reasonable likelihood to establish the offences punishable under IPC and also directed the Registrar of the Court to make a complaint and send it to the Magistrate. Against that order, writ appeal was filed. The High Court allowed the writ appeal holding that initiation of the proceedings under s.340 Cr.P.C. was without jurisdiction. Hence the present appeal. The appellant contended that there is a conflict in view between the decision in *Sachida Nand's case and **Surjit Singh's case. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1292 |
Petitioner | Rugmini Ammal (dead) By Lrs. |
Respondent | V. Narayana Reddiar And Ors. |
SCR | [2007] 13 S.C.R. 587 |
Judgement Date | 2007-12-13 |
Case Number | 564 |
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