Need court’s complaint when forgery committed in its custody: HC
1 week, 1 day ago

Need court’s complaint when forgery committed in its custody: HC

Hindustan Times  

The Punjab and Haryana high court has said that to initiate criminal proceedings, a complaint is required from the respective court only where forgery has been committed when the documents are in custody of the court. As per Section 195 of the CrPC, there is a bar against the court from taking cognizance of any offence under this section unless there is a written complaint by the public servant concerned. However, the appellate court acquitted them on the premise that there was noncompliance of Section 195 CrPC in as much as only the court concerned could have filed a complaint and the FIR could not have been registered. had been forged outside the court and produced in the court and therefore, the bar contained under Section 195 CrPC from taking cognizance would not be attracted, it was argued. “In the former case, proceedings under Section 195 CrPC are to be resorted to in as much as the complaint is to be filed by the court where the forgery has been committed,” it said remanding back the case for reconsideration before the appellate court concerned.

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History of this topic

Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
5 days, 8 hours ago

Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates

Live Law  

Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by …

S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court
6 months ago

S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court

Live Law  

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 …

Police Has Jurisdiction To Investigate Where Documents Forged Locally For Submitting To Foreign Court, Private Complaint Maintainable: Karnataka HC
9 months, 2 weeks ago

Police Has Jurisdiction To Investigate Where Documents Forged Locally For Submitting To Foreign Court, Private Complaint Maintainable: Karnataka HC

Live Law  

The Karnataka High Court has held that a private complaint filed before a court in Bengaluru complaining about forged documents being submitted by a party before a foreign court is maintainable. Therefore, the Bangalore Police has jurisdiction to investigate the matter and file the charge sheet.” Dr Veerusikku Bommaiah Swamy had filed the private complaint alleging that accused No.1 is …

Mere Registration Of Criminal Case In Relation To An Agreement Would Not Make The Disputes Arising Out Of It Non-Arbitrable: Delhi High Court
11 months, 2 weeks ago

Mere Registration Of Criminal Case In Relation To An Agreement Would Not Make The Disputes Arising Out Of It Non-Arbitrable: Delhi High Court

Live Law  

The Single Bench of Justice Dinesh Kumar Sharma of Delhi High Court has held that merely because a criminal case of forgery/fabrication has been registered in relation to an agreement, any civil/commercial dispute arising out of such agreement would not become non-arbitrable. Facts The parties entered into an agreement dated 08.02.2007, whereby Mr. S.K Zaman, husband of respondent No.1 and …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 9 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

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