LexSENIOR MANAGER (P&D), RIICO LTD. versus THE STATE OF RAJASTHAN & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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B
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D
(2017] l l S.C.R. 214
SENIOR MANAGER (P&D), RIICO LTD.
v.
THE STATE OF RAJASTHAN & ANR.
(CriminalAppealNo. 1845 of2017)
NOVEMBER 03, 2017
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.J
Penal Code, 1860 - ss.420, 467, 478 and 471 - FIR registered
by appellant alleging forgery of the letter in question and fraud by
Respondent No.2 - Final report filed stating that since the said
let/er was filed in a civil suit filed by Respondent No.2, thus, in view
of provisions ofs.195(/)(h)(ii) CrPC. the police ca11not investigate
the matter - Such fi11al report accepted by Chief Judicial Magistrate
(CJM) -Afier some litigation between the parties wherein the matter
was remanded back by Revisional Court-Additional Sessions Judge
(ASJ). CJM eve11tually vidc order dated 20.06.2009 co11sidered the
matter on merits and held that prima facic 110 case offorging and
playing ji-aud were made out against the accused-Respondent No.2
- Revision application filed by the appellant before ASJ, dismissed
- Said order was challenged by appella11t before High Court by
E .filing petition u!s.482, CrPC. which was dismissed - On appeal,
held: CJM in his order dated 20.06.09 as well as the Revisional
Co11rt had considered the material on record and came to the
conclusion that 110 prima facie case was made 011t against the accused
that he has committed any forge1:v or played any fraud- High Court
also took the sa111e vie1v that no evidence H-'as available on recor(J
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suggesting that letter i11 q11estio11 was prepared by Respo11dent No.
2 - No infirmity found in the said order - Code of Criminal
Procedure, 1973 - ss.195(/)(b)(ii) and 482.
Code of Criminal Procedure, 1973 - s.195(/)(b)(ii) - If
applicable - Held: Sec/ion 195(/){b){ii) would be attracted only
G .when /he offe/ll:es enumera/ed in lhe said provision have been
commiued with respect to a document a.fier it has been produced or
giFen in eviclence in a proceecling in an.v court - Ho»•ever. in the
instant case. the allegedly forged letter dtd. JIJ.()4.1992 was flied
in a civil suit on 27.04.1992 - No case that forgery was committed
H
214
SENIOR MANAGER (P&D), RHCO LTD. v. THE STATE OF
215
RAJASTHAN & ANR.
ajier the letter was flied in the court - Tims, provision u/:S.195
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(J)(b)(ii) was not attracted.
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Dismissing the appeal, the Court
HELD: I.I In the 11rescnt case, the letter dated 10.04.1992
is claimed to be a forged"letter not signed by appellant. The said
letter was tiled before the Court on 27.04.1992 in a civil suit filed
B
by the respondent no.2. There is no case that forgery was
committed after the letter was tiled in the Court. Thus, provision
under Section 195(l)(b)(ii) Cr.P.C. was not attracted. [Para 9] (219-
FJ
1.2 The Chief Judicial Magistrate in his order dated C
20.06.2009 as well as the Revisional Court had considered the
material on record and came to the conclusion that no prima fi1cie
case was made out against the accused that he had commitled
any forgery or played any fraud in forging the document. The said
order of the Revisional Court was challenged before the High D
Court and High Court also came to the conclusion that no evidence
was available on record to suggest that letter dated 10.04.1992
was prepared by Respondent No. 2. The High Court held that no
illegality can be found in the order of Revisional Court. No
infirmity is found in the said view of the High Court [Paras 12,
131(221-D, GJ
E
Sachida Nand Singh & Anr. v. State of Bihw· & Anr.
(1998) 2 SCC 493 : (1998) l SCR 492 - referred to.
Iqbal Singh Manvah & Am: v. Meenakshi Marwah &
A11r. (2005) 4 SCC 370 : [2005] 2 SCR 708- followed.
[ 1998] I SCR 492
(2005) 2 SCR 708
Case Law Reference
referred to
followed
Para 3
Paras
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CRIMINALAPPELLATEJURISDICTJON: Criminal Appeal No.
G
1845 of2017.
From the J uclgment and Order dated 07. 02.2017 by the High Court
of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Petition
No. 320/2012.
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216
SUPREME COURT REPORTS
(2017] 11 S.C.R.
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Dr. Manish Sighvi, IrshadAhmad, Shailja Nanda Mishra,Advs. for
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the Appellant.
Ms. Ruchi Kohli, Ms. Nidhi Jaswal, Ms. Bhavya Tandon, Ajay
Kumar Talesara, S. Sarfaraz Karim, Tejasvi Kumar, Ambar Qamaruddin,
Advs. for the Respondents.
The Judgment of the Court was delivered by
ASHOK BHUSHAN J. 1. This appeal has been filed against
judgment dated 07.02.2017 of Rajasthan High Court dismissing Single
Bench Criminal Miscellaneous Petition whExcerpt shown. Read the full judgment & AI analysis in Lexace.