Case Note & Summary
The applicants, Sumitrabai Trimbak Khanderay and Trimbak Tukaramji Khandaray, filed a criminal application under Section 482 CrPC seeking to quash the judgment and order passed by the learned Adhoc Additional Sessions Judge, Akot in Criminal Revision Application No.45/2006, and to restore the order passed by the learned JMFC, Akot in Criminal Complaint Case No.21/2006 dated 16.9.2006. The background of the case is that the respondent, Dnyaneshwar Shalikram Bhore, had lodged a complaint against the applicants alleging that they had used a forged and fabricated document (Exh.29) in a civil suit (RCS No.127/2004) knowing it to be forged, thereby committing offences under Sections 196, 463, 464, 465, 466, 470, and 471 IPC. The civil suit had been dismissed. The learned JMFC took cognizance and issued process against the applicants. The applicants filed a revision before the Sessions Court, which was dismissed. Aggrieved, they approached the High Court. The legal issue was whether the JMFC could take cognizance of these offences without a complaint in writing by the civil court as required under Section 195(1)(b)(ii) CrPC. The applicants argued that the complaint was not maintainable due to the bar under Section 195 CrPC. The respondent contended that the revision was not maintainable. The court analyzed Section 195 CrPC and held that where an offence under Sections 463, 464, 465, 466, 470, 471, or 196 IPC is alleged to have been committed in respect of a document used in judicial proceedings, no court can take cognizance except upon a complaint in writing by the court in which the document was used. Since the alleged forged document (Exh.29) was used in the civil suit before the Civil Judge, JD, Akot, the JMFC could not take cognizance without a complaint from that court. The order of the JMFC issuing process was therefore illegal and without jurisdiction. The High Court allowed the application, quashed the judgment of the Sessions Court, and set aside the proceedings in Criminal Complaint Case No.21/2006 pending before the JMFC, Akot.
Headnote
A) Criminal Procedure Code - Section 195 CrPC - Bar on Taking Cognizance - Offences under Sections 463, 464, 465, 466, 470, 471, 196 IPC - The court held that where a document is alleged to be forged and used in judicial proceedings, the complaint must be in writing by the court concerned under Section 195(1)(b)(ii) CrPC. A private complaint without such sanction is not maintainable and the order issuing process is illegal. (Paras 4-6) B) Criminal Procedure Code - Section 482 CrPC - Quashing of Proceedings - Abuse of Process - The High Court can exercise inherent powers to quash proceedings where cognizance is taken in violation of mandatory provisions of Section 195 CrPC, as it amounts to abuse of process of court. (Para 6) C) Indian Penal Code, 1860 - Sections 463, 464, 465, 466, 470, 471, 196 - Forgery and Using Forged Document - The complaint alleged that the accused used a forged document (Exh.29) in a civil suit. However, since the document was used in judicial proceedings, the bar under Section 195 CrPC applies and the magistrate could not take cognizance without a complaint from the civil court. (Paras 2-5)
Issue of Consideration
Whether the learned JMFC could take cognizance of offences under Sections 463, 464, 465, 466, 470, 471, 196 IPC without a complaint in writing by the court where the alleged forged document was used, as required under Section 195(1)(b)(ii) CrPC.
Final Decision
The High Court allowed the application, quashed the judgment and order dated 31.8.2007 passed by the learned Adhoc Additional Sessions Judge, Akot in Criminal Revision Application No.45/2006, and set aside the proceedings in Criminal Complaint Case No.21/2006 pending before the learned JMFC, Akot.
Law Points
- Section 195 CrPC bars cognizance of offences under Sections 463
- 464
- 465
- 466
- 470
- 471
- 196 IPC without complaint in writing by the court where forged document was used
- Private complaint not maintainable without sanction
- Order of JMFC issuing process without sanction is illegal
- Revision against such order is maintainable
- High Court can quash proceedings under Section 482 CrPC to prevent abuse of process.
