RUGMINI AMMAL (DEAD) BY LRS. versus V. NARAYANA REDDIAR AND ORS.

RUGMINI AMMAL (DEAD) BY LRS. versus V. NARAYANA REDDIAR AND ORS.

Section 195(1)(b)(ii) CrPC embargo applies only if the alleged offence is committed after the document is produced or given in evidence in a court proceeding, not prior to that; thus, initiation of proceedings under Section 340 CrPC in this case was without jurisdiction, and the High Court was correct in relying on Sachida Nand's case.

Parties
Appellant: Rugmini Ammal (Dead) by LRs.; Respondents: V. Narayana Reddiar and Ors.
Jurisdiction
India
Judgment Date
13 December 2007
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court Allowing Writ Appeal and Setting Aside Judgment of Single Judge
Outcome
Appeal dismissed.
Legal Topics
Section 195(1)(b)(ii) of Cr PC, Section 340 of Cr PC, Forgery and Fabricated Documents, Jurisdiction for Initiating Criminal Proceedings Based on Forged Documents in Court Proceedings
Criminal Law Procedure Section 195(1)(b)(ii) of Cr PC Section 340 of Cr PC Forgery and Fabricated Documents Jurisdiction for Initiating Criminal Proceedings Based on Forged Documents in Court Proceedings

Case Brief

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Parties

Rugmini Ammal (Dead) by LRs.

Appellant

V. Narayana Reddiar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court Allowing Writ Appeal and Setting Aside Judgment of Single Judge

Legal Issues

  1. 1 Whether the embargo under Section 195(1)(b)(ii) CrPC applies to the alleged offence of fabrication of documents in this case.
  2. 2 When can a court file a complaint under Section 340 CrPC for offences enumerated under Section 195(1)(b).

Ratio Decidendi

Section 195(1)(b)(ii) CrPC embargo applies only if the alleged offence is committed after the document is produced or given in evidence in a court proceeding, not prior to that; thus, initiation of proceedings under Section 340 CrPC in this case was without jurisdiction, and the High Court was correct in relying on Sachida Nand's case.

Court Disposition

Appeal dismissed.