Section 471 IPC - Attested Copy and Forgery
The section pertains to making or using a forged document as if it were genuine, involving false or fabricated documents made by forgery. An attested copy of a document may be relevant in establishing whether the original was forged or genuine. The content indicates that in cases involving forgery under Section 471 IPC, the authenticity and attestation of copies are crucial, and proceedings may be quashed if the document's attestation or authenticity is in question. Atul Kumar Singh Tomar VS State of U. P. - Allahabad, Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana
Quashing of Proceedings under Section 482 Cr.P.C.
The courts have the authority under Section 482 Cr.P.C. to quash criminal proceedings if the document in question is not properly attested or if the forgery charges are not substantiated. Multiple references highlight that proceedings related to offences under Sections 420, 467, 468, 471 IPC can be quashed if the document's authenticity is disputed or if the procedural requirements for attestation are not met. Atul Kumar Singh Tomar VS State of U. P. - Allahabad, Sher Mohd. Khan VS Madan Lal - Punjab and Haryana, NANDA KHEMKA VS STATE NCT OF DELHI - Delhi, Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana
Attestation and Copy Supply Issues
The validity of attested copies is fundamental; if a copy is not properly attested by the authorized person, or if the copy is not supplied or verified correctly, it can lead to the quashing of proceedings. Proper attestation and certification are essential for the admissibility of copies in criminal cases involving forgery. Atul Kumar Singh Tomar VS State of U. P. - Allahabad, Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana, NANDA KHEMKA VS STATE NCT OF DELHI - Delhi
Legal Procedures for Handling Forged Documents
Courts can summon documents and witnesses under Sections 91 and 311 Cr.P.C. to verify the authenticity of documents. If a forged document is involved, the prosecution must establish forgery through proper attestation and procedural compliance. Failure to do so can result in proceedings being dismissed or quashed. Ashok Kaushik VS State - Crimes, ASHOK KAUSHIK VS STATE OF DELHI - Delhi
Summary of Main Points and Insights
References:
Atul Kumar Singh Tomar VS State of U. P. - Allahabad, Krishna Kumar Sood VS Srinath Rajam, Director & Authorised Signatory, Sunco Machines Ltd. - Madras, Ghulam Rasool VS State through Vigilance Organization Jammu - Jammu and Kashmir, STATE OF KARNATAKA BY GULPET POLICE STATION KOLAR VS RAMESH SON OF LATE BHASKARAIAH - Karnataka, Sher Mohd. Khan VS Madan Lal - Punjab and Haryana, NANDA KHEMKA VS STATE NCT OF DELHI - Delhi, V. P. Jyolsna D/o P. O. K. NAIR VS State of Kerala Rep. by Public Prosecutor, High Court of Kerala - Kerala, Madan Lal Sharma VS Punjab And Haryana High Court - Punjab and Haryana, Ashok Kaushik VS State - Crimes, ASHOK KAUSHIK VS STATE OF DELHI - Delhi
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 ... Section 470 defines a forged document as a false document made by forgery. 20. The term "forgery" used in these #HL_START....
471 - Code of Criminal Procedure, 1973 - Section 340 - Criminal Trial - Forged documents - Crl.M.P. filed to make an inquiry in ... Indian Penal Code, 1860 - Sections 191, 192, 193, 196, 199, 200, 406, 409, 420 463, 464, 465, 469, 470 and ... the criminal proceedings being civil in nature and thereafter, it had come to light that the document is forged and the forged document ... 470 and 471 IPC, as contemplated under Sect....
Jammu & Kashmir Prevention of Corruption Act, 2006 – Sections 5(1)(d) and 5(2) read with Sections 420/471/467/468/120 – B, RPC – ... Jammu and Kashmir Code of Criminal Procedure, 1989 – Section 561 – A – Allegation of cheating Government exchequer – Criminal trial ... Coming to the charges under Sections 467, 468, 471 read with Section 120B IPC framed against accused S.K. ... Khosla under Sections 467, 468 and 471 ....
, 468, 471, 473, 474 and 420 read with Section 34 of Indian Penal Code. ... 467, 468, 471, 473, 474 and 420 read with Section 34 of Indian Penal Code. 2. ... 467, 468, 471, 473, 474 and 420 read with Section 34 of Indian Penal Code. 4. ... Criminal Appeal No.848 of 2013 is filed by the State challenging the inadequate sentence imposed on Accused Nos.2 to 5 for the offences punishable under Sections 467, 468, #HL_ST....
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....
Criminal Procedure Code, 1973 - Section 482 - Penal Code, 1860 - Sections 406, 420, 34 - Cheating - Sale ... 2 for offences punishable under Sections 193, 209, 406, 468 and 471 IPC read with Section 120B IPC and issued process against them. ... If there is no forgery, then neither section 467 nor section 471 of the Code are attracted. ... Section 420 IPC ... 13. Let us now exam....
Notaries Act, 1952- Section 13(1) -Non compliance-Authenticity of the signature in the power of attorney ... Advocate practising in various civil and criminal courts in Kannur and Thalassery and also a Notary Public, approaches this Court to quash ... That was also a case filed by an advocate/notary public for quashing a complaint filed against him under Sections 465, 467, 468, 471 and 474 r/w. S.120-B of IPC and the court took cognisance of the offence under Section 420 r/w.120-B #HL_....
judgment has not been attested by copy supplying-authority and (ii) any other case ? ... prosecution of a person who might have committed forgery of a document or of the offences as envisaged under Section 195(1)(b)(ii ... As per provisions of the unamended Section 195, the bar related to a document which had been forged by a party to any proceeding ... Broadly, Section 465 deals with the offence of forgery by the making of a false document and #HL_S....
Criminal Procedure Code, 1973 - Sections 91 and 311 - Court is empowered to summon a document or summon any person as witness which ... 420/468/ 471/342, IPC -It was an agreement for construction of house property between complainant and builder and accused were alleged ... be produced and witnesses to be examined were regarding an earlier. complaint about complainant's disappearance for 3/4 days - Document ... New Delhi on 2-11-1992 under Sections 420/468/471/ 342/ 1....
420/468/ 471/342, IPC -It was an agreement for construction ... empowered to summon a document or summon any person as witness which appears to Court necessary or desirable at any stage of inquiry ... about complainant's disappearance for 3/4 days - Document and statement of witnesses were relevant for consideration of question ... Section 91 of the Code empowers the Court to summon a person in whose possession or power a document is believed to be, requiring him to produce it where th....
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