SUPREME COURT E JOURNAL

(2018)1 SCeJ 543

Dod: 6.3.18 / Reported 7.3.18

Indian Penal Code, 1860,  Section 195(1)(b)(ii) - Forgery of a document if committed far outside the precincts of the Court and long before its production in the Court, the same cannot be treated as one affecting administration of justice .

Appellant in appeal  SMV died on 02.03.2005 -  No application to bring his legal heirs on  record was filed - Application to withdraw execution case was filed by the plaintiff’s advocate on 20.06.2006 - - Application when it was presented in the Court in Appeal for withdrawal of the appeal, signatures/thumb impressions of the appellants ( of which one appellant SMV had already died)  were already obtained on the said application, which was handed over to the respondent counsel for filing in the Court -  Application for withdrawal of Civil Appeal was filed on 18.07.2006 - Application was under Section 195(1)(b)(ii) Cr.P.C. making allegations against the respondent, who was counsel for the appellants in Civil Appeal  that he committed offence in verifying and forging thumb impression of dead appellant namely SMV - District & Sessions  Judge directed for inquiry and registering a complaint under Section 195(1)(b)(ii) – Order of High Court quashing  the order of the District Judge as well as the complaint filed pursuant thereto, upheld.

Indian Penal Code, 1860, Section 195 - Constitution Bench in Iqbal Singh Marwah & Anr. Vs. Meenakshi Marwah & Anr., (2005) 4 SCC 370, elaborately noticing the statutory scheme under Section 195 has held that where offences has already been committed earlier and later on the document is produced or given in the evidence in Court, the same is neither covered under Clauses (a), (b)(i) or (b) (ii) - IPC, S. 195

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