Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | quashed FIR suit for declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Pending criminal proceedings including FIRs under investigation - Exercise of powers u/s.482 CrPC or u/Article 226 of the Constitution by the High Court - Scope - Private respondents filed suit for declaration of title over landed property by placing reliance upon two sale deeds/documents - Appellant filed complaint alleging commission of offences punishable u/ ยท ss.468 and 471 /PC - High Court quashed the complaint/FIR - On appeal, held: In cases where the complaint, whether lodged before a Court or before the jurisdictional police station, makes out the commission of an offence, High Court would not in the ordinary course invoke its powers to quash such proceedings except in rare and compelling circumstances enumerated in the Supreme Court decision in Bhajan Lat's case - In the case at hand, it cannot be said that. the allegations made in the complaint did not constitute any offence or that the same did not prima facie allege the complicity of the accused - Complaint filed by the appellant stated the relevant facts and alleged that documents had been forged and fabricated only to be used as genuine to make a fraudulent and illegal claim over the land owned by the appellant - It was wrong for the High Court to hold that the respondents concerned were not the makers of the documents or that the filing of a civil suit based on the same did not constitute an offence - Whether or not the respondents concerned had forged the documents and if so what offence was committed by them was a matter for investigation which could not be prejudged or quashed by the High Court in exercise of its powers u/s.482 CrPC or u/Article 226 of the Constitution - High Court was thus wrong in quashing the FIR - Constitution of India, 1950 - Article 226 - Penal Code, 1860 - ss.468 and 471. Code of Criminal Procedure, 1973 - s.195(1)(b)(ii) - Applicability of - Held: s.195{1)(b)(ii) CrPC is attracted only when offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in any court and during the time the same was in custodia legis - Bar contained in s. 195 against taking of cognizance not attracted to the case at hand as the sale deeds relied upon for claiming title to the property in question had not been forged while they were in custodia legis -Penal Code, 1860 - ss.468 and 471. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 54 |
Petitioner | C.p. Subhash |
Respondent | Inspector Of Police Chennai & Ors. |
SCR | [2013] 1 S.C.R. 545 |
Judgement Date | 2013-01-23 |
Case Number | 176 |
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