1998 (2) Crimes 323
GUJARAT HIGH COURT
N.J. Pandya, J.
Mitesh Chandra Manilal & Ors. -Applicant
versus
State of Gujarat - Respondent
Criminal Misc. Application No. 5722 of 1994
Decided on 14-8-1997
Counsel for the parties:
For the Petitioner: Mr. Arun Mehta, Advocate.
For the Respondent: Mr. D.N. Patel. Ld. A.P.P.
Held: The result therefore, is that according to these various judicial pronouncements the power either of the Court to proceed or that of the police authorities to take cognizance will clearly be barred unless procedure under Sec. 195 read with Sec. 340 is implemented in its entirety. (Para 13)
No doubt, as submitted by learned APP Mr. D.N. Patel that if the grievance made in a complaint is that of forgery of documents committed before starting the proceedings before a Court, cognizance of such an offence is not invalid even though the concerned Court has not filed any complaint. It is obvious that by very nature this is an offence where irrespective of pending proceedings the alleged offender is answerable because the offence is completed. Its use in a pending Court proceedings is subsequent to the completion of that offence and if at all the use thereof results into any further offence it may be dealt with under Sec. 195 read with Sec. 340 by a competent Court. (Para 14)
In the case in form of these petitions it is clearly the position that by filing different complaints pursuant to an alleged conspiracy by different persons impersonating as persons other than who they are processes were got issued and the different alleged offences in this said two complaints have thus been committed. It is obvious that the different alleged of fences are the result of one and the same transaction or in course of the same transaction. As per the aforesaid different judicial pronouncements there might either be overlapping or it will be so interconnected or intervoven that they cannot be separated. Obviously, therefore neither the police station at Dakor nor the CID Crime. Baroda could have taken cognizance of the complaint as done by them because that action will be hit by Sec. 195 Cr. P.C. read with sec. 340 thereof. (Para 15)
Result: Petitions allowed.
JUDGMENT
N.J. Pandya, J. - In all these petitions the question involved is revolving around the events that took place in Dakor Court. District Kheda. It was reported in, newspaper and later on substantiated that in the said Court, warrants are being issued against anyone and every one just for asking and all that has to be done is to file a complaint of whatsoever nature.
2. The events involving the Presiding Officer of Dakor Court is referred to in the aforesaid brief manner be cause as a fall out of what happen in Dakor Court, there came to be filed a complaint against persons involved in some of the complaint in different police stations alleging offences under Sections 120-B. 181, 205, 211, 465, 468, 469 all of Indian Penal Code. In first of the aforesaid matters namely Cr. M.A. No. 5722 of 1994, a complaint came to be registered for the aforesaid offences at Dakor Police Station as Crime Register No. 1211/94. The offence was registered under the instructions of the Senior Police Sub - Inspector of Dakor and anintimation to that effect was sent to Dakor Court. Later on the learned Magistrate of the Court was Informed that during investigation offence under Sec. 471 is disclosed and, like Wise of., fences under Sees. 416, 196, 418, A19 and 466 are also disclosed though except for 416 the remaining offences were already disclosed earlier.
3. In criminal Misc. Application No. 751 of 1995, grievance is made, about registration of an offences with Baroda CID Crime. District-Baroda against as many as 19 accused. 11 of whom are staying in Maharashtra. Ulas Nagar. Thane. The offences disclosed there under were 489, 348, 465, 466. 468, 471, 474, 409, 410, 109, 118, 167, 182, 114, 115, 219, 220, 506 (2) 193, 195, 196, 199, 209, 200, 205 and 211 all of Indian Penal Code. The said offences came to be registered with Baroda CID-Crime as 11 of 1995. That very complaint is the subject matter of challenge in Special Criminal Application No. 372/95,436/95 and 527/95.
In matters at Serial Nos. 3 & 5 applications for amendment were filed and they will not survive In view of the present order.
4. Virtually, therefore, that is required to be considered is the request made in all these petitions, as to quashing of 2 different FIR’s, one is the FIR registered with the CID Crimes. Baroda as 11/95 and the other is the FIR registered with Dakor Police Station CR 1211/94.
When both the FIRs, are read together, essentially they come down to what happened in the Court at Dakor on different dates when different complaints came to be filed and processes came to be Issued.
The different Sections mentioned in the respective FIR would clearly indicate that the grievances made in these two complaints relate to the judicial process Initiated in form of different complaint in the Court of Judicial Magistrate, 1st Class. Dakar. The allegations are to the effect that for getting the process Issued In different complaints forged documents are used/ and the Court has been misled to issue processes on, the, basis of these documents,
In this background it was submitted that if at all any offence has been committed, punishment under Sees. 172 to 188 or 193 to 196, 199, 200, 205, to 211 and 228 IPC. in either event under Sec. 195 of Cr. P.C. will be attracted.
5. So, far as the offence under Sees, 193 to 196, 199, 200, 205 to 211 are Involved along with Sec. 228 of Indian Penal Code the complaint has to be lodged by the Court where these offences are committed and same Is the situation with regard to offences under Sees. 463, 471, 475, 476, The latter category of the offences are required to be similarly dealt with under Sec. 195, when offences alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court. Naturally, criminal conspiracy to commit or attempt to commit or abetment of any offences mentioned above will have to be similarly dealt with under Sec. 195 of the Code of Criminal Procedure. This, in short is
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