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2011 Supreme(All) 1272
2011(73) ACC 825
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Shri Narayan Shukla,J.
Ram Singh Yadav and another – Applicants
Versus
State of U.P. & others – Opp. parties
Criminal Misc.Case No.908 of 2007
Decided on : 29.4.2011
Allegations of forgery and fabrication in documents can transform a dispute from civil to criminal in nature, justifying the initiation of criminal proceedings.
Headnote:
Arbitration Clause - Criminal Nature of Dispute - The court held that the dispute, involving allegations of forgery and fabrication of documents, was of a criminal nature and could not be resolved through arbitration proceedings.
Fact of the Case:
The petitioners challenged the criminal proceedings against them, arguing that the dispute was of a purely civil nature due to a partnership deed and should be resolved through arbitration.
Finding of the Court:
The court found that the allegations of forgery and fabrication in the documents made the dispute of a criminal nature, and therefore, the prosecution was rightly launched against the petitioners.
Issues: Dispute of Civil or Criminal Nature, Validity of Criminal Proceedings
Ratio Decidendi: The presence of allegations for preparation of forged documents and fabrication in the documents established a criminal nature of the dispute, justifying the prosecution.
Final Decision: The petition was dismissed, and no interference was warranted in the proceedings of the court below.
Hon'ble Shri Narayan Shukla,J.
Heard Mr.A.P.Singh and Mr.Anil Kumar Tiwari, learned counsels for the petitioners and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State as well as Mr.P.K.Singh, learned counsel for the respondent No.3.
2. The petitioners have challenged the proceedings of Case No.2073 of 2007, arising out of Case Crime No.209 of 2006, under Sections 420, 467, 468, 471, 120-B, 506 and 384 IPC, Police Station Vikas Nagar, district Lucknow, pending in the court of Judicial Magistrate-II, Lucknow, on the ground that the dispute is of a purely civil nature, as there is a dispute of partnership deed.
3. It is stated that on arising out of dispute between the partners under the clause of agreement, there is an Arbitration Clause to settle the dispute through the Arbitrator, therefore, there is no question to initiate the criminal proceedings in the matter. However, upon perusal of the record, I find that there is allegation for preparation of forged retirement deed. There is also some more fabrication in the documents, which has been found after investigation, which is established through the statement of witnesses.
4. The aforesaid dispute is of a criminal nature, which cannot be resolved through the Arbitration proceedings, therefore, I am of the view that the prosecution has rightly been launched against the petitioners for commission of crime as alleged. No interference is warranted in the proceedings of the court below.
5. The petition is dismissed.
