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1997 Supreme(Guj) 383

Gujarat High Court
Judgename :N.J.Pandya
MITESHCHANDRA MANILAL - Appellant
Versus
STATE - Respondent
MISC.CRI.APPLN. 5722 of 1994
Decided On : 08/14/1997

Advocates Appeared: A.D.SHAH, ARUN H.MEHTA, D.N.Patel, K.B.ANANDJIVALA, K.K.NAYAR

Headnote:Criminal Procedure Code, 1973 - Sections 195 & 340 - Petition to quash FIRs registered for offences u/ ss 120 - B, 181, 182, 205, 211, 465, 468, 469, IPC: FIR alleged offences about different complaints which came to be filed before the Court & processes came to be issued - Very complaints in respect of which offences were alleged in the FIRs were pending - Court had, yet to come to a conclusion whether it should exercise power u/s 195 Cr. P.C. - Both FIRs were liable to be quashed.

       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.

       

N. J. PANDYA, J.

( 1 ) 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 everyone, 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 because, as a fall out of what happened in Dakor Court, there came to be filed a complaint against persons involved in some of the complaints in different police stations alleging offences under Secs. 120b, 181, 182, 205, 211, 465, 468 and 469 all of Indian Penal Code. In first of the aforesaid matters, namely, cri. M. A. No. 5722 of 1994, a complaint came to be registered for the aforesaid offences at Dakor Police Station, as Crime Register No. I 211 of 1994. The offence was registered under the instructions of the Senior Police Sub-Inspector of Dakor and an intimation 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 likewise, offences under Secs. 416, 196, 418, 419 and 466 are also disclosed though except for 416 the remaining offences were already disclosed earlier.

( 3 ) IN Misc. Criminal Application No. 751 of 1995, grievance is made about registration of an offence with Baroda C. I. D. Crime, District Baroda against as many as 19 accused, 11 of whom are staying in Maharashtra, Ulas Nagar, Thane. The offences disclosed thereunder were Secs. 489, 348, 465, 466, 468, 471, 474, 409, 410, 109, 118, 167, 182, 114, 115, 219, 220, 506 (2), 193, 195, 196, 209, 200, 205 and 211, all of Indian Penal Code. The said offences came to be registered with Baroda C. I. D. Crime as I 1 of 1995. That very complaint is the subject-matter of challenge in Special Criminal Application Nos. 372 of 1995, 436 of 1995 and 527 of 1995.

( 4 ) IN matters at serial Nos. 3 and 5, applications for amendment were filed and they will not survive in view of the present order.

( 5 ) VIRTUALLY, therefore, what is required to be considered is the request made in all these petitions as to quashing of 2 different F. I. R. s. , one is the F. I. R. registered with the C. I. D. Crimes, Baroda as I 1 of 1995 and the other is the F. I. R. registered with Dakor Police Station C. R. I 211 of 1994.

( 6 ) WHEN both the F. I. R. s 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.

( 7 ) THE different sections mentioned in the respective F. I. R. would clearly indicate that the grievances made in these two complaints relate to the judicial process initiated in form of different complaints in the Court of Judicial Magistrate, 1st class, Dakor. 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.

( 8 ) IN this background, it was submitted that if at all any offence has been committed, punishment under Secs. 172 to 188 or 193 to 196, 199, 200, 205 to 211 and 228 I. P. C. , in either event, under S. 195 of Cr. P. C. will be attracted.

( 9 ) SO far as the offence under S. 193 to 196, 199, 200, 205 to 211 are involved along with S. 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 Secs. 463, 471, 475 and 476. The latter category of the offences are required to be similarly dealt with under S. 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 offenc





















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