GEORGE BHAKTAN versus RABINDRA LELE & ORS.

GEORGE BHAKTAN versus RABINDRA LELE & ORS.

The High Court erred in quashing the Magistrate's order of cognizance solely on the legal principle from Gopalakrishna Menon, which is no longer good law; the Constitution Bench in Iqbal Singh Marwah holds that Section 195(1)(b)(ii) CrPC applies only when the alleged forgery occurs after the document is produced in court. As there was no such allegation, the prohibition was not attracted, and the High Court's order is set aside.

Parties
Appellant: George Bhaktan; Respondents: Rabindra Lele & Ors.
Jurisdiction
India
Judgment Date
24 September 2014
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Cognizance
Outcome
Appeal allowed
Legal Topics
Section 195(1)(b)(ii) Cr PC, Prosecution of Offences Relating to Forged Documents, Quashing of Proceedings Under Section 482 Cr PC, Cognizance by Magistrate, Production of Forged Document in Civil Proceedings
Criminal Procedure Section 195(1)(b)(ii) Cr PC Prosecution of Offences Relating to Forged Documents Quashing of Proceedings Under Section 482 Cr PC Cognizance by Magistrate Production of Forged Document in Civil Proceedings

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Parties

George Bhaktan

Appellant

Rabindra Lele & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Cognizance

Legal Issues

  1. 1 Whether prohibition under Section 195(1)(b)(ii) CrPC applies when an allegedly forged document is produced in a civil suit brought by the respondents.
  2. 2 Whether Magistrate's cognizance based on private complaint is sustainable in absence of civil court's complaint.
  3. 3 Whether High Court erred in quashing the order of cognizance based solely on legal principle without considering material facts.

Ratio Decidendi

The High Court erred in quashing the Magistrate's order of cognizance solely on the legal principle from Gopalakrishna Menon, which is no longer good law; the Constitution Bench in Iqbal Singh Marwah holds that Section 195(1)(b)(ii) CrPC applies only when the alleged forgery occurs after the document is produced in court. As there was no such allegation, the prohibition was not attracted, and the High Court's order is set aside.

Court Disposition

Appeal allowed

Orders

  • Order of High Court quashing cognizance set aside
  • Matter remanded to High Court for fresh disposal within three months