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2000 Supreme(P&H) 398

T.H.B.CHALAPATHI
Gurcharan Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

T.H.B.Chalapathi, J.

1. This is an application to quash the FIR No. 80 dated 8.12.1999 registered at P.S. Nangal, Distt. Ropar. The accusations against the petitioners are that they produced false affidavit dated 1.12.1997 said to have been sworn by the complainant and got two forged bank receipts dated 6.4.1998 and 11.4.1998 and filed the same in Court of District Consumer Disputes Redressal Forum Ropar.

2. These allegations are to be investigated by the police. At this stage, FIR cannot be quashed. When there are allegations of forgery, the same have to be investigated into by the Investigating Agency in accordance with the provisions of Code of Criminal Procedure.

3. It has been held by the Supreme Court in case of M/s. Medchl Chemicals & Pharma Pvt. Ltd. v. M/s. Biological E. Ltd. & Ors. J.T. 2000(2) SC 426: [2000(2) All India Criminal Law Reporter 119 (SC)] that :-

"To exercise powers under Section 482 of the Code, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint and the High Court at that stage has no authority or jurisdiction to go into the matter or examine its correctness. Whatever appears on the face of t



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