The court held that the material on record must establish a prima facie case against the accused for the offences charged.

JUDGMENT

N. J. Jamadar, J. - The applicant accused has invoked the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 ('the Code') being aggrieved by an order dated 15th March 2018 passed by the learned additional Sessions Judge, Kolhapur in Criminal Revision application No.05 of 2015, whereby the learned additional Sessions Judge, Kolhapur dismissed the revision and affrmed the order passed by the learned Judicial Magistrate, F.C., Kolhapur on an application (Exh.17) in Regular Criminal Case No.981 of 2013, whereby the learned Magistrate opined that the prima-facie case to frame charge against the accused for the offences punishable under sections 420, 464, 467, 468, and 471 of the Indian Penal Code, 1860 ('the Penal Code') was made out.

** Order is corrected as per order dated 31st May 2022

2. The background facts can be stated as under :-

2.1 The applicant was working as a Government Contractor. The applicant had submitted tenders for allotment of the work contract. as per the prevalent norms to be eligible to submit tenders for work beyond an estimated cost, the contractor was required to be classifed in a particular class. For the said purpose, a Work in Hand Certifcate was required to be obtained from the competent offcer of the Public Works Department.

2.2 One Shri Krushna Bandu Shelar, a relative of the applicant, gave complaint to the effect that the applicant had obtained a false certifcate of registration under a particular class and, on the basis of such false and forged certifcate, the applicant got the work allotted to him. Pursuant thereto, the offce of the Executive Engineer, Public Works Department, Kolhapur conducted an enquiry. It transpired that the Work in Hand Certifcate annexed to the application for registration submitted by the applicant on 17th November 2000 was forged.

2.3 Mr.Viaykumar Ganpatrao Patil, the Deputy Executive Engineer, Public Works Department, Kolhapur thus lodged a report against the applicant for the offences punishable under sections 420, 464. 467, 468 and 471 of the Penal Code. The frst informant, inter-alia, alleged that upon enquiry with the offce of the Executive Engineer, Koyna Construction Division No.1, Koynanagar, it transpired that the said certifcate was not signed by the Executive Engineer who was then posted in the said offce. Nor the outward number appearing on the said certifcate was the number of outward register maintained with the said offce. It was further alleged that in the explanation furnished by the applicant, the latter had conceded that he had not obtained the said certifcate from the offce, which purportedly had issued the same.

3. Investigation commenced. During the course of investigation, the investigating offcer recorded the statements of witnesses. Copy of allegedly forged document came to be seized. after fnding complicity of the applicant, charge-sheet was lodged for the offences punishable under sections 420, 464, 467, 468 and 471 of the Penal Code.

4. The applicant preferred an application for discharge under section 239 of the Code. The learned Magistrate was persuaded to reject the application holding, inter-alia, that the offences were prima-facie made out. Revision application No.5 of 2015, preferred by the applicant, thereagainst did not yield any success. Hence, the applicant has invoked the inherent jurisdiction of this court under section 482 of the Code.

5. I have heard Mr.Ingawale, the learned counsel for the applicant, and Mr. Patil, the learned aPP for the State at some length.

6. The learned counsel for the applicant submitted that the learned Magistrate as well as the learned additional Sessions Judge approached the issue from an incorrect perspective. The courts have not at all adverted to the issue as to whether the false document, as alleged, was ever in existence, and whether the authorship of the alleged forgery can be attributed to the applicant. Laying emphasis on a communication dated 2nd Novemb