In view of the discussion made above, we are of the opinion that Sachida Nand Singh has been correctly decided and the view taken therein is the correct view. Section 195(1)(b)(ii) Cr.P.C. would be attracted only when the offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any Court i.e. during the time when the document was in custodia legis.
26. In the present case, the will has been produced in the Court subsequently. It is nobody's case that any offence as enumerated in Section 195(b)(ii) was committed in respect to the said will after it had been produced or filed in the Court of District Judge. Therefore, the bar created by Section 195(1)(b)(ii) Cr.P.C. would not come into play and there is no embargo on the power of the Court to take cognizance of the offence on the basis of the complaint filed by the respondents. The view taken by the learned Additional Sessions Judge and the High Court is perfectly correct and calls for no interference.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 402 of 2005
Decided On: 11.03.2005
Iqbal Singh Marwah Vs Meenakshi Marwah
Hon'ble Judges/Coram:
R.C. Lahoti, C.J., B.N. Agrawal, H.K. Sema, G.P. Mathur and P.K. Balasubramanyan, JJ.
Citation: MANU/SC/0197/2005,AIR 2005 SC 2119,( 2005 ) 4 SCC 370.
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