Judgment

DUA, J.:- This appeal with certificate under Art. 134 (1) (c) of the Constitution directed against the judgement and order of the Gujarat High Court in criminal reference made by the Sessions Judge, Ahmedabad, raises an important question of law on which there appears to be conflict of judicial opinion. Even in the Gujarat High Court the correctness of the majority view in the Full Bench decision in the State of Gujarat v. Ali Bin Rajak, (1968) 9 Guj LR 1 (FB) has been doubted by the learned Judge hearing the criminal reference in the present case, who followed the majority view merely because he felt bound by it. The learned single Judge did not consider the case to be fit for reference to a larger bench for reconsidering the majority view in the case of Ali Bin Rajak, (1968) 9 Guj LR (FB), Certificate of fitness for appeal to this Court was, however, granted by the learned Judge.

2. The question raised relates to the scope and effect of S. 195 (1) (c), Cr. P. C. and its applicability to cases where a forged document has been produced as evidence in a judicial proceeding by a party thereto and prosecution of that party is sought for offences under Ss. 467 and 471, I.P.C. in