Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cognizance Marginal Notes |
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-Section 195()(b)(ii): Cognizance of certain offences on complaint of Court, Bar contained in Section 195(1)(b)(ii)-Applicability and scope of-Held: The said Section would be applicable only when the offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a 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. Interpretation of statutes-Headings vis-a-vis Marginal Notes-Held : Language employed in a heading cannot be used to give a different effect to clear words of the Section where there cannot be any doubt as to their ordinary meaning-They are not to be treated as if they were marginal notes or were introduced into the Act merely for the purpose of classifying the enactments-They constitute an important part of the Act itself, and may be read not only as explaining the Sections which immediately follow them. Words and phrases-Expression "when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in a Court"-Connotation of-In the context of Section 195(1)(b)(ii) of Code of Criminal Procedure, 1973. In a probate proceedings, the appellant no. 1 filed a will allegedly executed by his deceased brother. Respondent contested the proceedings on the ground that the will was forged and moved criminal court for prosecution of appellants and their mother for forgery. The complaint was dismissed on the ground that Section 195(1)(b)(i) and (ii) CrPC operated as a bar for taking cognizance of the offences alleged. Respondent then filed revision before sessions judge who relying upon Sachida Nand Singh case* held that the bar contained in Section 195 (1)(b)(ii) CrPC would not apply where forgery of a document was committed before the said document was produced in Court. The revision petition was accordingly allowed and the matter was remanded back. The appellants unsuccessfully moved High Court for quashing of the order. Hence the present appeals. Appellant contended that the purpose of Section 195 is to bar private prosecution where the cause of justice is sought to be perverted leaving it to the Court itself to uphold its dignity and prestige; that if a very restricted interpretation is given to Section 195(1)(b)(ii) Cr.P.C., as held in Sachida Nand Singh case*, the protection afforded by the provision will be virtually reduced to a vanishing point, defeating the very object of the enactment; that the provision does not completely bar the prosecution of a person who has committed an offence of the type described 'thereunder, but introduces a safeguard in the sense that he can be so prosecuted only on the complaint of the Court where the document has been produced or given in evidence or of some other Court to which that Court is subordinate. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 129 |
Petitioner | Iqbal Singh Marwah |
Respondent | Meenakshi Etc. |
SCR | [2005] 2 S.C.R. 708 |
Judgement Date | 2005-03-11 |
Case Number | 402 |
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