The bar under Section 195 Cr.P.C does not apply to forgery occurring before the presentation of documents to authorities, allowing criminal proceedings to continue.

ORDER :

J.M. KHAZI, J.

In this petition filed under Section 482 of the Code of Criminal Procedure, petitioner who is arraigned as accused No.1, is seeking quashing of criminal proceedings initiated against him in Cr.No.67/2023 of Ijoor PS, for the offence punishable Sections 177 , 197, 465 and 466 IPC.

2. In support of the petition, the petitioner has contended that the registering of case and resultant FIR and investigation are illegal and invalid and as such liable to be set aside. The concerned police without proper appreciation of allegations made in the complaint have registered the case and proceeding with the investigation. Since petitioner is a Government servant, it is necessary to issue show cause notice and make enquiry, only after which criminal proceedings may be initiated. There are no specific allegations against him. There is also inordinate delay in filing the complaint. The Second Division Assistant working with petitioner was served with show cause notice. However, criminal proceedings are initiated against the petitioner without providing him opportunity. Continuation of the proceedings against the petitioner would amount to abuse of the process of the Court and hence, the petition.

3. On the other hand learned High Court Government Pleader for respondents would submit that at the relevant point of time petitioner was working as Sheristedar in the office of Tahsildar, Ramanagar Taluk. From 16.10.2019 to 20.04.2021, he also worked as Election Sheristedar. From 26.05.2020 to 20.04.2021, he was incharge of the Record Room of the said office. In respect of Sy.No.35/31 of Basavanapura Village, Kasaba Hobli, Ramanagar Taluk, appeal was pending before the Deputy Commissioner. In the said proceedings, some of the parties produced certified copies of documents and the Deputy Commissioner has sought clarification as to the genuineness of the said documents. Therefore, verification was made as to the grant order in respect of Sy.No.35/3 and it was observed that in the cataloging index, there is no reference to such order. In proceedings bearing No.LNDCR/207/2014-15, the Sub Divisional Magistrate (Assistant Commissioner) has passed orders setting aside the entries made in handwriting in the RTC and declared all the transactions in consequence to such entries as void and that the said land is free from all encumbrances and that the said land should be taken to the custody of the Government.

3.1 In this regard, Tahsildar issued notice dated 26.10.2021 to the concerned case worker Sri.Girish B, Second Division Clerk. He has submitted reply stating that petitioner who was the Sheristedar has issued certified copies without signature of Girish B and no record, the certified copy of which is issued by the petitioner is available in the Record Room. This fact was brought to the notice of the Deputy Commissioner through letter dated 29.10.2021, by the Tahsildar. The enquiry so made indicate that while working as Election Sheristedar fropm 16.10.2019 to 20.04.2021 in the Election branch and as incharge of Record Section from 26.05.2020 to 20.04.2021, petitioner has concocted the document and issued it by certifying the same as true copy of the original where as no such grant order is passed and accordingly, the complaint is filed.

3.2 Based on the said complaint, the concerned police have registered the case in Cr.No.67/2023, for the offences punishable under Sections 177 , 197, 465 and 466 IPC and taken up investigation. There is prima facie material to proceed against the petitioner. Matter requires detailed investigation and pray to dismiss the petition.

4. Heard arguments and perused t