Ashok Gulabrao Bondre vs Vilas Madhukarrao Deshmukh and Others

Court

Supreme Court of India

Date

12 April 2023

Case No.

Criminal Appeal No. 1931 of 2011

Result

Disposed

Bench

Sanjay Kishan Kaul, Bhushan Ramkrishna Gavai

Citation

[2023] 3 S.C.R. 820 : 2023 INSC 724

Headnote

Code of Criminal Procedure, 1973 – s.195 – Documents allegedly fabricated and forged prior to filing in evidence, embargo u/s.195 if applicable – On appeal, held: s.195(1)(b)(ii) would be attracted only when the offence enumerated in the said provision was committed in respect of a document after it has been produced or filed in evidence during proceedings before any Court, i.e. during the time when the document is custodia legis – In such a case, the Court will be entitled to take cognizance of the offence only on the basis of the complaint made by the complainant – Impugned judgment and order passed by the Revisional Court and the High Court set aside – Matter remitted back to JMFC for considering the complaint of the appellant on its own merits. Iqbal Singh Marwa and Another v. Meenakshi Marwah and Another (2005) 4 SCC 370 : [2005] 2 SCR 708 – followed.

Surjit Singh and Others v. Balbir Singh (1996) 3 SCC

533 : [1996] 3 SCR 70; Sachida Nand Singh and Another v. State of Bihar and Another (1998) 2 SCC

493 : [1998] 1 SCR 492 – referred to.

The Judgment of the Court was delivered by B. R. GAVAI, J. 1. The appeal arises on a very narrow canvass. 2. The appellant had filed a complaint against the respondents alleging that the respondents had committed the offence punishable under Sections 191, 192, 196, 463, 464, 465, 467, 470 and 471 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). 3. The main allegation made by the appellant is that respondent No.2 - Ramprasad Pancheshwar had prepared false and forged documents, namely, personal recognizance bond and surety bond in Criminal Case No. 19 of 2003 and the

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