AI Overview...
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Attestation of True Copy & Section 471 IPC - The sources indicate that for a document to be considered an attested true copy, it must be properly certified, often by a competent authority or court, to be a true and correct copy of the original. Section 471 IPC pertains to using a forged or false document as genuine, which is a criminal offense. Quashing or challenging proceedings related to such documents often involves examining whether the copy is properly attested and whether the document is genuine or forged Sher Mohd. Khan VS Madan Lal - Punjab and Haryana, Vijay Hathising Shah VS State of Gujarat - Gujarat.
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Section 471 IPC - Main Points and Insights:
- Section 471 IPC criminalizes the use of a forged or false document as genuine.
- Proper attestation or certification of copies is crucial to establishing authenticity and avoiding criminal liability.
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Courts scrutinize whether documents are properly attested when considering cases involving forgery and false documents Colgate-Palmolive (India) Ltd VS Anchor Health And Beauty Care Private Limited - Delhi, Vijay Hathising Shah VS State of Gujarat - Gujarat.
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Quashing Proceedings under Section 482 Cr.P.C. - Several sources highlight that the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, especially when the allegations involve non-compoundable offenses like those under Section 471 IPC, if the proceedings are found to be without merit or based on forged documents Sher Mohd. Khan VS Madan Lal - Punjab and Haryana, ANSAR vs STATE OF KERALA - Kerala, Atul Kumar Singh Tomar VS State of U. P. - Allahabad, ELVIN @ LIJU vs STATE OF KERALA - Kerala.
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Criteria for Quashing:
- The proceedings can be quashed if the documents are not properly attested or are forged, and the case lacks sufficient grounds.
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The court may consider amicable settlements or lack of serious offense as grounds for quashing, though this is more applicable to non-compoundable offenses if certain conditions are met ELVIN @ LIJU vs STATE OF KERALA - Kerala.
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Main Points and Insights:
- Section 482 Cr.P.C. provides the power to quash criminal proceedings in cases lacking merit, especially involving forgery under Section 471 IPC.
- Proper certification and attestation of documents are essential to establish authenticity and avoid criminal liability.
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Courts are cautious about quashing cases involving forgery, but they may do so if proceedings are baseless or if there is an amicable settlement in non-compoundable offenses ELVIN @ LIJU vs STATE OF KERALA - Kerala, Hardev Singh VS State Of Punjab - Punjab and Haryana.
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Analysis and Conclusion:
- To attest a true copy as genuine, proper certification by authorized persons is necessary.
- Quashing under Section 471 IPC-related cases is permissible if the documents are not properly attested or are forged, and if proceedings are otherwise baseless.
- The courts emphasize the importance of authentic documentation and exercise their inherent powers judiciously to prevent misuse of legal processes.
References: - Sher Mohd. Khan VS Madan Lal - Punjab and Haryana, Colgate-Palmolive (India) Ltd VS Anchor Health And Beauty Care Private Limited - Delhi, ANSAR vs STATE OF KERALA - Kerala, Atul Kumar Singh Tomar VS State of U. P. - Allahabad, ELVIN @ LIJU vs STATE OF KERALA - Kerala, Hardev Singh VS State Of Punjab - Punjab and Haryana, Kanti Prasad Khaitan VS The State of West Bengal - Calcutta, Salauddin Owaisi VS D. S. P. , CID, SDT, Hyderabad - Andhra Pradesh, Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana, Vijay Hathising Shah VS State of Gujarat - Gujarat
Search Results for "Attested as True Copy Quash Section 471 of Ipc"
2011 0 Supreme(P&H) 1469 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
under Section 482 Cr.P.C. by the same person where the earlier petition stands decided and the judgment or final order disposing ... of the case stands signed by the Court in the same main case or by preferring a fresh petition under Section 482 Cr.P.C. without ... 362 Cr.P.C. for a petition under Section 482 Cr.P.C. is applicable only in such cases where successive applications are preferred ... under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Sadar, Gurgaon having be....
2019 0 Supreme(Del) 1651 • India - Delhi
I.S.MEHTA
Forgery - Design Registration - Sections 166, 167, 463, 464, 465, 468, 469, 470 and 471 read with Section 34 and 120 B of IPC ... Ltd. seeking cognizance of offences punishable under various sections of the Indian Penal Code against Colgate and others for alleged ... - Summary of Acts and Sections Fact of the Case: The case involves a complaint filed by Anchor Health & Beauty Care ... Sections 465, 469, 471 and 34 IPC#HL_....
2023 Supreme(Online)(KER) 16584 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Issues: Whether the court should exercise its inherent power under Section 482 of the Code of Criminal Procedure to quash ... Ratio Decidendi: The court upheld that Section 482 can be invoked to quash non-compoundable offenses only if they lack serious ... Quashing - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 482 - The court exercised inherent powers under Section ... It would be open to the High Court to examine as to whether incorporation of Section#H....
2020 0 Supreme(All) 786 • India - Allahabad
SUNEET KUMAR
448 I.P.C. is based on the statements recorded by I.O. under Section 161 Cr.P. ... 482 Cr.P.C. – Criminal prosecution insofar it relates to offence under Sections 420, 467, 478 and 471 I.P.C. is quashed. ... Section 448 I.P.C., in accordance with law. – Result: Application Allowed in Part ... It would be appropriate to first consider whether the complaint averments even assuming to be true make out the ingredients of the offences punishable either....
2023 Supreme(Online)(KER) 9183 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Issues: Whether the court can quash criminal proceedings under Section 482 of the Code based on amicable settlement in non-compoundable ... Quashing - Criminal Proceedings - Code of Criminal Procedure, 1973 - Section 482 Fact of the Case: The petitioners ... , accused of forming an unlawful assembly and attacking with weapons, sought to quash the proceedings after amicable settlement with ... It would be open to the High Court to examine as to whether incorporation of Section 307 IPC....
1996 0 Supreme(P&H) 1414 • India - Punjab and Haryana
M.L.SINGHAL
Fact of the Case: Hardev Singh filed a petition to quash an FIR registered against him under Sections 420/467/468/471 ... /120-B of the Indian Penal Code. ... CRIMINAL PROCEDURE CODE - SECTION 195 - FORGERY - JURISDICTION - COURT CAN TAKE COGNIZANCE OF FORGERY ONLY ON COMPLAINT BY THE ... Those statements were attested by Joginder Singh, Lambardar. ... Bhikhiwind under Sections 420/467/468/471/120-B IPC. ... 3. ... been committed....
2011 0 Supreme(Cal) 1334 • India - Calcutta
KANCHAN CHAKRABORTY
CRIMINAL LAW - QUASHING OF CRIMINAL PROCEEDINGS - SECTION 482 CRPC - RIGHT TO SPEEDY TRIAL - APPLICANT/ACCUSED DEPOSITED THE MONEY ... De be given a plain copy of this order duty attested by the Court officer, so that he can place it before the learned Magistrate. Learned Magistrate is directed to act on the plain copy in order to avoid delay. Interim order of stay, if any, stands vacated. ... In this case, the charge sheet was filed on 30.5.1989, on completion of investigation, under Section 120 B, 42....
2000 0 Supreme(AP) 464 • India - Andhra Pradesh
D.S.R.VERMA, MOTILAL B.NAIK
Code of Criminal Procedure, 1973 - Section 482 - Bye-law 5 of the Society - Trade of building - Criminal ... alleged against them - As held by the Supreme Court in the decisions cited supra, when the High Court exercises inherent powers under Section ... criminal proceedings pending against them in the Court of the IX Metropolitan Magistrate, respectively on various grounds and seek to quash ... A-5 and A-6 attested the same as witnesses. ... As Section 420, I. P. C. is already extract....
1998 0 Supreme(P&H) 860 • India - Punjab and Haryana
AMARJEET CHAUDHARY, V.K.BALI, S.C.MALTE, V.S.AGGARWAL, M.L.SINGHAL
judgment has not been attested by copy supplying-authority and (ii) any other case ? ... 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 ... as mentioned in Section 195(1)(b)(ii) and launch prosecution against the accused. ... When the matter in RFA No. 660 of 1982 came up for scrutiny before the office: it raised the objections (i) certified copy of the judgment has not been attested#HL_E....
2011 0 Supreme(Guj) 46 • India - Gujarat
M.R.SHAH
467, 468, 471, 114, 120B read with Section. 34 of the Indian Penal Code, alleging inter-alia that the original accused have manufactured ... 482 — [Indian] Penal Code, 1860 (Central Act 45 of 1860) — Sections 467, 468, 471, 114, 120-B read with 34 — Complaint under for ... Note : ... Criminal Procedure Code, 1973 (Central Act 2 of 1974) — Section ... punishable under Sections 467, 468, 471, 114, 120B read with Section#HL_E....
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