AI Overview...
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Forgery of a Document - Allegations of forgery must involve a document that affects the administration of justice or court proceedings. The forgery should be such that it influences judicial processes or outcomes. Charges related to forgery are framed under Sections 465 (forgery) and 467 (forgery of a document), among others, and require proper legal sanction, especially if related to court proceedings Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana, ASIM SHARIFF vs P VIKRAMAN - Karnataka.
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Section 195(1)(b)(ii) Cr.P.C. - This section mandates that prosecution for offences like forgery or false evidence involving documents produced in court requires prior sanction from the court or competent authority. The offence must be committed in relation to court proceedings, meaning the forgery should be connected to judicial processes. If the forgery is not in relation to court proceedings, sanction under Section 195 may not be necessary BHIMA RAZU PRASAD VS STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II - Supreme Court, AMIT JAYANTILAL SHAH V/s STATE OF GUJARAT - Gujarat, ASIM SHARIFF vs P VIKRAMAN - Karnataka.
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Jurisdiction and Procedure - The courts have held that if forgery occurs outside court proceedings or is not directly related to court documents, then Section 195(1)(b)(ii) Cr.P.C. may not apply, and the court's jurisdiction to take cognizance could be challenged or limited. Proper procedure involves considering whether the forgery impacts judicial integrity and whether sanctions are required before prosecution Laxmipat Choraria VS Chittaranjan Patowary - Gauhati, AMIT JAYANTILAL SHAH VS STATE OF GUJARAT - Gujarat.
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Quashing of Charges - Several judgments have resulted in quashing charges for forgery when procedural requirements, such as obtaining prior sanction or establishing the connection to court proceedings, were not met. Courts have emphasized that without proper sanction or when the offence is not directly related to court documents, framing of charges under Sections 195 or 340 Cr.P.C. can be invalid AMIT JAYANTILAL SHAH V/s STATE OF GUJARAT - Gujarat, AMIT JAYANTILAL SHAH VS STATE OF GUJARAT - Gujarat.
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Legal Principles - The law stipulates that offences under Sections 465, 467 IPC, and related sections require careful scrutiny to establish whether they involve documents in relation to court proceedings. Forgery committed to deceive or cause injury in judicial contexts necessitates compliance with Section 195(1)(b)(ii) Cr.P.C. for prosecution to proceed S. V. R. Saroja VS S. V. Matha Prasad - Madras, ASIM SHARIFF vs P VIKRAMAN - Karnataka.
Analysis and Conclusion
The allegations of document forgery under Section 340 Cr.P.C. are intricately linked to whether the forgery was committed in relation to court proceedings, necessitating prior sanction from the court or competent authority. Courts have consistently held that if the forgery does not pertain directly to judicial processes, then the prosecution may lack jurisdiction or procedural validity. Proper framing and sanction are crucial; otherwise, charges can be quashed, safeguarding against unwarranted criminal proceedings.
Search Results for "Allegation of Forgery of a Document Issues Yet to be Framed Section 340 Crpc"
1998 0 Supreme(P&H) 860 • India - Punjab and Haryana
AMARJEET CHAUDHARY, V.K.BALI, S.C.MALTE, V.S.AGGARWAL, M.L.SINGHAL
prosecution of a person who might have committed forgery of a document or of the offences as envisaged under Section 195(1)(b)(ii ... Final Decision: The petition under Section 482 Cr.P.C. came to be filed only when charges were framed against the petitioner ... The forgery of a document has to be such that may affect the administration of justice. ... forgery of a document or of the offences as envisaged under #H....
2021 2 Supreme 742 • India - Supreme Court
MOHAN M.SHANTANAGOUDAR, VINEET SARAN
a person who was not yet party to Court proceedings, and, 3) at a time long before production of document before Court – Same would ... 340 – Prosecution for Perjury – Section 195(1)(b)(ii) read with Section 340(1), a href= ... of a document which is “produced or given in evidence in a proceeding in any court” – Whereas Section 195(1)(b)(i) applies to offences ... Accordingly, the Learned Additional Special Judge for CBI Cases, Chennai ("Trial Court"....
2024 Supreme(Online)(GUJ) 12824 • India - High Court of Gujarat
GITA GOPI, J
(1)(b)(i) and 195(1)(b)(ii) of Cr.P.C. - Resultantly, the charges framed were quashed. ... 471 IPC without a written complaint from the appropriate authority, as per section 195 Cr.P.C. - The alleged offences were committed ... 420, 406, 114, 34, 120B - Quashing of charge - Petitioners challenged the framing of charges for forgery and related offences based ... Section 465 is for punishment for forgery and sections 467 is with regard to for....
2012 0 Supreme(Gau) 813 • India - Gauhati
I.A.ANSARI
) , 561A , 156(1) , 397 , 463, 471, 475 , 476, 340(1) and 190 – Indian Penal Code,1860 - Section 468/ 471 - Recovery of rents - Municipality ... Constitution of India,1950 - Article 226 - Criminal Procedure Code,1973 - Sections 468/ 471, 195(1)(b)(ii ... a categorical finding that there is no infirmity, legal or factual taking of cognizance by learned trial Court of offence under Section ... The controversy, thus, raised was as to whether the bar, under Section 195(1)(b)(ii), applies t....
2020 4 Supreme 582 • India - Supreme Court
of such forgery remediless, in that it would otherwise be left only to court mentioned in Section 340 of ... legis after which forgery takes place. ... (A) Criminal Procedure Code, 1973 – Section 340 read with Section ... Even thereafter, charges as framed can always be altered under Section 216 of the CrPC. ... 195(1)(b)(ii) CrPC is applicable to a case where forgery#H....
2024 0 Supreme(Guj) 1619 • India - Gujarat
GITA GOPI
... ... Issues: The court addressed whether the learned Magistrate had jurisdiction to take cognizance of charges under IPC sections ... ... ... Result: The Revision Application was allowed, quashing the order that framed the charges against the petitioners. ... , 114, 34, 120B - Quashing of charge - Petitioners challenging framing of charges for forgery and false evidence, arguing violation ... 14.1 Section 464 is for making of false document. Section 465 is for ....
2025 Supreme(Online)(Kar) 9020 • India - Karnataka High Court
K.S. Hemalekha, J
[(2005) 4 SCC 370] (Iqbal Singh Marwah) to contend that if the offence of forgery is committed with the intent to use the forged document in the Court proceedings, the Court’s sanction under Section 195 Cr.P.C. is required and in the ... The alleged forgery as contended by the appellants did not take place “in relation to a proceedings in a Court” as required under Section 195 Cr.P.C.
2018 0 Supreme(Bom) 2124 • India - Bombay
S.J.KATHAWALLA
Constitution of India, 1950 - Articles 226, 32 - Code of Criminal Procedure, 1973 - Sections 195, 340, 343 ... sought time to file written submissions - However Advocate submitted that since assignments have changed and written submissions are yet ... Co-operative Societies Act, 1960 - Sections 25A, 23, 30 - Property Transferred - Investigation - However informed Court that his ... Section 340 of the Criminal Procedure Code is reproduced hereunder: "....
2018 0 Supreme(Bom) 2695 • India - Bombay
S.J.KATHAWALLA
Constitution of India – Article 32 and 226 – Criminal Procedure Code, 1973 – Section 195 and 340 – Maharashtra ... impugned orders will be tested by Writ Court before passing any orders what is already stated above also applies to above submission/allegation ... Co-operative Societies Act, 1960 – Section 25 – Civil Application - Notice of Motion - Civil Application and submitted that the ... Section 340 of the Criminal Procedure Code is reproduced he....
2016 0 Supreme(Mad) 3478 • India - Madras
R.SUBBIAH
Criminal Procedure 1973, Sections 195(b)(ii), (iii) and 340 - Original Side Rules (Rules), Order 14, Rule 12 - It has been held in ... Section 340 Cr.P.C. prescribes the procedure as to how a complaint may be preferred under Section 195 Cr.P.C. ... It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status o....
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