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2001 Supreme(SC) 1236

UMESH C.BANERJEE, N.S.HEGDE
BALASUBRAMANIAM – Appellant
Versus
STATE BY Superintend Inspector POLICE,T. N. – Respondent


( 1 ) THE instant appeal involves a question as to whether the bar under section 195 (1) (b) (ii) of the Code of Criminal Procedure would apply as against a private complaint for an offence under Sections 467 and 471 of the indian Penal Code even in respect of a document which was forged before it was filed in court. Apparently, divergent views have been expressed by this court. In Gopalakrishna Menon v. D. Raja Ready a two-Judge Bench came to a conclusion that even in respect of such a document which was forged before filing it in court, the bar under Section l95 (1) (b) (ii) would apply. Subsequently, however, in the case of Sachida Nand Singh v. State of Bihar the decision in Gopalakrishna Menon case stands expressly overruled and this Court came to a definite conclusion other than the one that was stated in sachida Nand case. For convenience sake, paras 11 and 12 of the judgment in Sachida Nand case are set out hereinbelow:"11. The scope of the preliminary enquiry envisaged in Section 340 (1) of the Code is to ascertain whether any offence affecting administration of justice has been committed in respect of a document produced in court or given in evidence in a proceeding in th



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