IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Farhin Iqbal, S/o Md. Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. A.M. Bora, the learned senior counsel assisted by Mr. R.J. Das, the counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam (Respondent No.1) as well as Mr. A. Phukan, the learned counsel representing the Respondent No.2.
2. This is an application under Section 482 of the CRIMINAL PROCEDURE CODE (CrPC) praying for quashing the criminal proceedings of C.R. No.4822 of 2022 pending in the court of the learned Judicial Magistrate First Class, Kamrup(M), Guwahati.
3. Late Jatin Hazarika was admitted at Nemcare Hospital at Guwahati. The petitioner Dr. Farhin Iqbal was working in that hospital as a Cardiologist. Dr. Farhin Iqbal had conducted ECHO-Cardiogram upon late Jatin Hazarika and gave some reports. Thereafter, late Jatin Hazarika was shifted to a hospital outside Assam where he breathed his last.
4. After the demise of late Jatin Hazarika, the Respondent No.2 being his daughter, had lost all those ECHO-Cardiogram reports. Therefore, she approached the petitioner for providing her duplicate copies. Accordingly, duplicate copies of the ECHO-Cardiogram reports were given to the Respondent No.2
For an offense of forgery to be established, there must be a false document made with criminal intent to cause harm; minor corrections do not suffice.
Mistakenly representing both complainant and accused does not constitute forgery; no prima facie case under Section 466 of the IPC found.
Quashing of criminal proceedings due to lack of sufficient evidence and failure to consider prior relevant filings by the opposite party.
Forgery – Charge of forgery cannot be imposed or sustained against a person against whom prima facie allegation of making false letter in question has not been established.
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
The power to interfere in criminal proceedings under Section 482 of the Cr.P.C. should be exercised sparingly and only in rare and exceptional cases to prevent abuse of the process of the court or to....
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
The main legal point established is that if the allegations in the complaint disclose the offence of forgery, the High Court should not interfere with the investigation and that the pendency of civil....
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