Case Note & Summary
The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in Case No.25/S of 2001 pending before the Metropolitan Magistrate, 18th Court, Girgaum, Mumbai. The respondent No.2, Divyesh K Kothari, had filed a complaint alleging that accused No.1 (Pankaj S Modi, respondent No.3) gave him forged transfer deeds along with 2000 shares of Tata Power Co. Ltd. and cheated him. Based on this, police registered CR No.128 of 1998 for offences under Sections 467, 468, 471, 420, 182, and 211 of the Indian Penal Code. Accused No.1 was arrested and later released on bail on 06/02/1999. Subsequently, the complainant alleged that the medical certificates submitted by accused No.1 to obtain bail were forged, as accused No.1 was not suffering from any serious ailment; rather, his mother was hospitalized. The complainant then filed the present complaint against the petitioner and respondents No.3 and 4. The petitioner sought quashing of the proceedings on the ground that the complaint did not disclose any offence against him and that the magistrate could not take cognizance of offences under Sections 191-193 IPC without a complaint by the court as required under Section 195 CrPC. The court analyzed the allegations and found that the petitioner was not directly involved in the alleged forgery of medical certificates. The court held that the complaint was vague and did not make out any case against the petitioner. Additionally, the court noted that for offences of giving false evidence or fabricating false evidence, the court must make a complaint under Section 195 CrPC before cognizance can be taken. Since no such complaint was made, the proceedings were an abuse of the process of law. The court allowed the petition and quashed the proceedings in Case No.25/S of 2001.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Abuse of Process - Petition under Articles 226, 227 of Constitution and Section 482 CrPC for quashing Case No.25/S of 2001 - Allegations of forged medical certificates used for obtaining bail - Court held that the complaint did not disclose any offence against the petitioner and the proceedings were an abuse of process of law - Held that the petition was allowed and the proceedings were quashed (Paras 1-15). B) Criminal Procedure - Sanction for Prosecution - Section 195 CrPC - Bar on Cognizance - Offences under Sections 191-193 IPC - The complaint alleged that accused No.1 submitted forged medical certificates to the court while obtaining bail - Court held that for offences of giving false evidence or fabricating false evidence, the court must make a complaint under Section 195 CrPC before cognizance can be taken - Held that the magistrate could not take cognizance without such complaint (Paras 10-12). C) Indian Penal Code - Forgery and Cheating - Sections 467, 468, 471, 420, 182, 211 IPC - Allegations of forged transfer deeds and cheating - The complaint pertained to forged transfer deeds of Tata Power Co. shares and subsequent alleged forged medical certificates - Court found that the petitioner was not directly involved in the alleged forgery of medical certificates and the complaint was vague - Held that the proceedings against the petitioner were liable to be quashed (Paras 2-9).
Issue of Consideration
Whether criminal proceedings for alleged forgery of medical certificates used in bail proceedings can be sustained without sanction under Section 195 of the Code of Criminal Procedure, 1973, and whether the complaint discloses any offence against the petitioner.
Final Decision
The petition is allowed. The proceedings in Case No.25/S of 2001 pending before the Metropolitan Magistrate, 18th Court, Girgaum, Mumbai are quashed.
Law Points
- Section 195 CrPC bars cognizance of offences under Sections 191-193 IPC without complaint by court
- Section 482 CrPC can be invoked to quash proceedings to prevent abuse of process
- Articles 226 and 227 of Constitution of India confer writ jurisdiction
