GOPALAKRISHNA MENON AND ANOTHER versus D. RAJA REDDY AND ANOTHER

GOPALAKRISHNA MENON AND ANOTHER versus D. RAJA REDDY AND ANOTHER

The prosecution for an offence punishable under section 467 IPC, committed in respect of a document produced in court, is not maintainable except on a complaint in writing of that court, as offence under section 467 is one described in section 463 IPC. In absence of such complaint, cognizance by the magistrate is bad in law.

Parties
Appellant: O. Oopalakrishna Menon and another; Respondent: Dr. Raia Reddy and another
Jurisdiction
India
Judgment Date
05 September 1983
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 24th November, 1982 of the Andhra Pradesh High Court in Criminal Miscellaneous Petition No. 1936 of 1982.
Outcome
Appeal allowed
Legal Topics
Forgery, Prosecution Sanction, Cognizance of Offences, Section 195 Cr PC
Criminal Law Procedure Forgery Prosecution Sanction Cognizance of Offences Section 195 Cr PC

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Parties

O. Oopalakrishna Menon and another

Appellant

Dr. Raia Reddy and another

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 24th November, 1982 of the Andhra Pradesh High Court in Criminal Miscellaneous Petition No. 1936 of 1982.

Legal Issues

  1. 1 Whether prosecution for offence punishable under section 467 IPC is maintainable in absence of complaint by the court where the alleged forged document was produced, in view of section 195(1)(b)(ii) CrPC.

Ratio Decidendi

The prosecution for an offence punishable under section 467 IPC, committed in respect of a document produced in court, is not maintainable except on a complaint in writing of that court, as offence under section 467 is one described in section 463 IPC. In absence of such complaint, cognizance by the magistrate is bad in law.

Court Disposition

Appeal allowed

Orders

  • Decision of the High Court set aside
  • Complaint case filed against the appellants quashed