AMARJEET CHAUDHARY, V.K.BALI, S.C.MALTE, V.S.AGGARWAL, M.L.SINGHAL
Madan Lal Sharma – Appellant
Versus
Punjab And Haryana High Court – Respondent
V.K.Bali, J.
1. In this petition filed under Section 482 of the Code of Criminal Procedure by Mr. M.L Sharma, an Advocate of this Court, the issue raised for consideration by Full Bench is of to whether by the language employed in Section 195(1)(b)(ii) read with Section 340 of the Code, a Court is debarred from taking cognizance and then prosecuting an offender, alleged to have committed the offences described in Section 195(1)(b)(ii) of the Code. The contention of petitioner is that the Court can take cognizance for an offence and then launch prosecution only with regard to a document that has been forged when the same was in the precincts of the Court, If the document was forged outside the precincts of the Court and then produced in it, only a party to the litigation can launch prosecution and the Court as such is debarred from taking cognizance of such an offence. Whereas it is admittedly learned counsel representing the respondent-Punjab & Haryana High Court that only the Court can take cognizance of the offence described in Section 195(1)(b)(ii) when the forgery has been committed in the Court precincts and a party as such is debarred by the language employed in the s
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