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BELA M. TRIVEDI, PRASANNA B. VARALE
Parshottam Shantilal Chaddarwalaa – Appellant
Versus
The State of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 6 , 7 , 8) |
| 3. court's observations about the case. (Para 9 , 10 , 12) |
| 4. court analysis on section 195 crpc. (Para 14 , 15 , 16 , 17) |
| 5. final conclusion of the judgment. (Para 18 , 19) |
JUDGMENT :
1. The present criminal appeal arises out of a judgment and order dated October 7, 2009 passed by the High Court of Gujarat at Ahmedabad rendered in Special Criminal Application No. 1690 of 2009, whereby the High Court dismissed the Special Criminal Application filed by the Petitioner herein.
2. The factual matrix of the case is that the respondent no.2 herein who, at the relevant time, was the Incharge Registrar, District Court, Bharuch, lodged a First Information Report (hereinafter, ‘FIR’) before the Bharuch City 'A' Division Police Station on 28th July, 2005 against the petitioner herein as well as two other accused persons alleging commission of the offences punishable under Sections 192 , 193, 196, 204, 209, 406, 420, 463, 464, 465, 466, 467, 468, 469, 471, 473, 474, 499, 500, 120-B and 114 of the INDIAN PENAL CODE , 1860 (hereinafter ‘IPC’) which came to be registered vide I-C
Smuggling of gold – Cognizance of offence - Case squarely falls within the category of cases falling under Section 195(1)(b)(i) CrPC as the offence is punishable under Section 193 IPC. Therefore, the....
(1) Any aggrieved person can alert court about commission of a crime committed with intent to mislead court or to scuttle proceedings pending before it.(2) If other offences are interwoven and insepa....
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
(1) Locus Standi to prefer SLP – Appeal by a private individual can be entertained, both sparingly and after due vigilance.(2) Contempt of lawful authority of Public Servants – Bar of prosecution – O....
The court clarified that Section 195(1)(b)(ii) of Cr.P.C. limits cognizance of forgery only if it occurs after the document has been submitted in court.
(1) Perjury – Section 195(1)(b)(ii) read with Section 340(1), Cr.P.C. will only apply in respect of offences which are committed during the time when document concerned was custodia legis or in custo....
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