The court ruled that a charge-sheet based on a private complaint for forgery and cheating cannot be initiated without prior sanction under Section 195 of the CrPC, emphasizing the need for a prima facie case of deliberate falsehood.

Order on Board

Per Ramesh Sinha , Chief Justice

25/11/2024

1. Heard Mr. Samarth Singh Marhas, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer for respondent No.1/State.

2. Perusal of the office report dated 16.10.2024 shows that notice issued to respondent No.2 has been served, but neither the respondent No.2 nor any counsel on her behalf is present before the Court to press the petition.

3. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “CrPC”) with the following prayer:-

“It is, therefore, prayed that this Hon'ble Court be pleased to quash and set aside the impugned orders, the charge-sheet filed against the petitioner vide Criminal Case No.2261/2016 (State of Chhattisgarh V/s. Siyaram Patel and others) under sections 120B, 420, 467, 468, 471 read with section 34 of the IPC pending in the Court of learned Judicial Magistrate First Class, Korba, including the order framing Charges and the charges framed (Annexures P-2, P-3, P-4, P-5, P- 6 and P-7) against the petitioners and all the subsequent proceedings thereto, in the interest of justice.”

4. It is an admitted fact that this is a second round of litigation. Earlier, the petitioners have filed a petition being Cr.M.P. No. 2231 of 2019, which was withdrawn with liberty to file better petition vide order dated 15.10.2019.

5. Case of the prosecution, in brief, is that the Police of Police Station Kotwali, Korba registered Crime No.162/2016 under Sections 420, 467, 468 , 471 read with Section 120-B of Indian Penal Code,1860 (in short “ IPC ”) against the petitioners on the basis of order dated 07.04.2016 passed by learned Chief Judicial Magistrate, Korba on a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, “ Cr.P.C .”), which was filed by complainant namely Smt. Mamta Sahu alleging that she was the widow of Late Shashikant Sahu who was the son of petitioners No.6 and 7. Petitioners No.1 to 3 are employees of petitioner No.7 working in his dairy and restaurant situated at Niharika. It was alleged that marriage of complainant with Shashikant Sahu was solemnized on 23.06.2003, after which she started residing at her matrimonial home situated at H.I.G. 15 C-1, C-2, M.P. Nagar, Korba. She has 2 children, namely Gourav Kant Sahu and Garv Kant Sahu. Her husband died in a road accident on 07.06.2011 and thereafter on 09.05.2012, petitioners No.1 and 2 preferred an application under Section 166 of the Motor Vehicle Act, 1988 before Motor Vehicle Claims Tribunal, Korba, which was registered as M.A.C.T. Case No. 124/2013 before the Court of First Additional Motor Vehicle Claims Tribunal, Korba. It was alleged in complaint that after filing of application before the Claims Tribunal, petitioners No.6 and 7 started misbehaving with her and used to harass her. They told her to leave the matrimonial house and somehow, she managed to escape and since then, she resides at her maiden home.

6. On 23.04.2014, petitioner No.7 submitted forged death certificate of complainant, wherein it is mentioned that she died on 01.06.2013, before the Claims Tribunal and got her name deleted from the case as also got his name substituted as guardian of her minor children. She has alleged that petitioners have conspired and got a forged death certificate issued from Korba Municipal Corporation. It was further stated by complainant that petitioners No.6 and 7 are greedy and in order to receive the amount of award, they have used the forged death certificate as genuine one to obtain money of insurance policy of Late Shashikant Sahu, which he had taken from Korba Branch of Life Insurance Corporation of India, in which, complainant was registered as nominee No.1 and petitioner No.7 was registered as nominee No.2. It has been alleged that petitioners No.6 and 7 have obtained about Rs.70 Lakhs rupees from LIC using the forged death certificate as also about Rs.18-20 Lakhs from Sahara India