RAMANBHAI ZANZARBHAI GHANGHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the petitioner herein - original complainant to quash and set aside the impugned orders dated 20.11.2008 and 30.06.2010 passed by the learned Metropolitan Magistrate, Court No.15, Ahmedabad in Inquiry Case No.34/2008 as well as the order dated 13.01.2011 passed by the learned Additional Principal Judge, City Sessions Court, Ahmedabad in Criminal Revision Application No.366/2010.

(2.) Facts leading to filing of the present petition in nut -shell are as under: -

(3.) Shri Hardik Dave, learned Advocate appearing on behalf of the petitioner - original complainant has vehemently submitted that both the Courts below have materially erred in observing that there would be a bar of taking cognizance of the offence under Section 195(1)(b)(ii) of the CrPC. It is submitted that in the present case as such the allegation in the complaint was that the forged document was produced before the Court and it was never the case on behalf of the complainant that after the document was produced before the Court, the same was forged. Therefore, it is submitted that as held by the Hon'ble Supreme Court in the case of Sachida Nand Singh v. State of Bihar reported in (1998) 2 SCC 493 as well as another decision of the Hon'ble Supreme Court in the case of Iqbal Singh Marwah and Anr. v. Meenakshi Marwah and Anr. reported in 2005 (2) GLH 413, in such a case bar under Section 195(1)(b)(ii) of the CrPC would not be attracted.