Fiiling of fir by police u/s 193 of ipc
SANJAI KUMAR SINGH
(Querist) 19 April 2012
This query is : Resolved
In a case of Domestic violence, a woman submits a Medical Discharge Certificate which she has fabricated (forged) in her own Handwriting and this fact is supported by Two Private Govt. Recognized Handwriting Experts confirming that the Handwriting on the Medical Discharge Certificate is hers, Can the aggrieved person ( say, I ) insist or prevail on the Police to register a FIR under the various Sections of Forgery in the IPC ,particularly under Sec 193 of the IPC ? Are they duty bound to register the complaint or they can refuse on the grounds that the matter (that is the document ) has already been submitted in the Court of the ACJM and so this Court has to decide whether an FIR has to be registered or Not? A clarification is earnestly sought on this issue keeping in mind the SCI Ruling in the case of Marwah vs. Marwah in the year 2005 ?
Nadeem Qureshi
(Expert) 19 April 2012
Dear Querist
when the document has been file before the court police can not do anything in this matter, it will be better you should file a complaint u/s 340 Cr.pc before court.(If you have proof that this document is forged)
feel free to call
Devajyoti Barman
(Expert) 19 April 2012
File a petition in the same court a petition u/s 340 crpc asking for inquiry of the court so that if prima facie charge is established the court may take cognizance of the offence and try the offender under relevant sections of law.
The petition u/s 340 crpc must be supported by a prima facie evidence to give crdence to the petition.
Shonee Kapoor
(Expert) 19 April 2012
Police can not take any action on the complaint. It has to be filed in the court u/s 340 CrPC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SANJAI KUMAR SINGH
(Querist) 19 April 2012
Dear Sir(s). thank you all very much for your valuable suggestions and time. It is much apeciated.I will do exactly as advised and insstruct my Lawyer to do so accordingly. Regards.ps any other suggestions on this matter will be much appreciated.
Adv.R.P.Chugh
(Expert) 19 April 2012
Dear Mr.Singh,
I respectfully disagree with my Ld.Colleagues above - in the landmark Constitution Bench decision of Iqbal Singh Marwah v. Meenakshi Marwah (2005) SC - the court has categorically said that the bar of S.195 does not apply in cases where forgery is complete prior to the initiation of proceedings. Forgery is complete before the documents are filed in the court. 195 mischief is attracted only when forgery etc is done with respect to the documents after they have been filed or court takes it's seisin. A forgery antecedent to, and independant of proceedings is not covered by S.195. If that was the case - then all a person had to do to escape forgery charges was to submit the documents in court, and escape punishment. For courts are notorious for not taking swift action on 340 complaints, and are mandated to act only when it is expedient in the ends of justice, the punishment meted out only towards the end of trial and that too in a fraction of cases.
Feel free to talk!
Deepak Nair
(Expert) 19 April 2012
Dear Mr.Chugh,
Do you want to say that petition u/s 340 is not applicable in this case??
ajay sethi
(Expert) 19 April 2012
i would advise you to concentrate on your DV case .
Adv.R.P.Chugh
(Expert) 19 April 2012
Yes Mr.Nair, I feel that only when an offence with respect to document is committed after it is custodia legis or given in evidence or exhibited that S.195 bar is attracted and S.340 proceedings are warranted. Where the offence stands in propria vigore even prior to proceedings and is complete - S.340 is not attracted. In the present case the girl manufactured those documents before the proceedings - hence forgery was complete even before the proceedings were launched. Now if subsequently if those documents were placed on record in the case - would not oust the authority of complainant to launch a private prosecution. This view apart from the case above has been consistently held in a large number of cases including Sachinda Nand Sinha.
This is what I make of the judgments and facts - but we can all deliberate and I would love to be proved wrong !
SANJAI KUMAR SINGH
(Querist) 19 April 2012
Going by the spirit of the SC decision in Marwah vs Marwah(2005), one would tend to agree with Mr. chugh.Unfortunately , in the decision a very categorical right for the Indvidual to file an FIR has not been mentioned, thus leaving it open to differing interpretations. A fact, rather opportunity, which no self-respecting Lawyer will let pass without giving it a good Go !! Personally , my feeling is that one should be free to lodge an FIR, independently from the Courts. But as I said, its open to dicussion. SKSingh
Deepak Nair
(Expert) 19 April 2012
Yes Mr.Singh, you have rightly said. The applicability is left open and depends on the efficiency of the lawyers fighting the case.
