S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court
Dealing with a case involving allegations of forgery, the Supreme Court recently reiterated that there is no embargo under Section 195 of CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production.As per Section 195 of the Code of Criminal Procedure, a Court can take cognizance of an offence of forgery in. Dealing with a case involving allegations of forgery, the Supreme Court recently reiterated that there is no embargo under Section 195 of CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production. As per Section 195 of the Code of Criminal Procedure, a Court can take cognizance of an offence of forgery in relation to a document submitted in evidence in a Court proceeding only on a written complaint of an officer authorized by that Court As per the allegations, the respondents had fraudulently obtained stamp paper and prepared an unregistered sale agreement. The High Court quashed these proceedings, holding that there could be no FIR/private complaint for forgery of a document filed before Civil Court until the finality of the litigation.
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